,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gigg ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjbf ,mr4 ,casten 7for himself1 ,mr4 ,levin1 ,ms4 ,ansari1 ,ms4 ,balint1 ,ms4 ,barragn1 ,mr4 ,bell1 ,mr4 ,beyer1 ,ms4 ,bonamici1 ,ms4 ,brownley1 ,ms4 ,budzinski1 ,ms4 ,bynum1 ,mr4 ,carbajal1 ,mr4 ,carson1 ,mr4 ,case1 ,ms4 ,castor of ,florida1 ,mrs4 ,cherfilus-,mc,cormick1 ,ms4 ,chu1 ,mr4 ,cisneros1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,cleaver1 ,mr4 ,clyburn1 ,mr4 ,cohen1 ,ms4 ,craig1 ,ms4 ,dean of ,pennsylvania1 ,ms4 ,del,bene1 ,mr4 ,de,saulnier1 ,ms4 ,dexter1 ,mrs4 ,dingell1 ,mr4 ,doggett1 ,ms4 ,elfreth1 ,mr4 ,espaillat1 ,mr4 ,evans of ,pennsylvania1 ,mrs4 ,foushee1 ,mr4 ,frost1 ,mr4 ,garca of ,illinois1 ,mr4 ,goldman of ,new ,york1 ,mrs4 ,grijalva1 ,mr4 ,hernndez1 ,mr4 ,horsford1 ,ms4 ,hoyle of ,oregon1 ,mr4 ,huffman1 ,ms4 ,jacobs1 ,ms4 ,jayapal1 ,mr4 ,johnson of ,georgia1 ,ms4 ,kamlager-,dove1 ,ms4 ,kelly of ,illinois1 ,mr4 ,krishnamoorthi1 ,mr4 ,landsman1 ,mr4 ,latimer1 ,ms4 ,lee of ,pennsylvania1 ,ms4 ,lee of ,nevada1 ,ms4 ,leger ,fernandez1 ,mr4 ,lieu1 ,ms4 ,lofgren1 ,mr4 ,lynch1 ,mr4 ,magaziner1 ,mr4 ,mannion1 ,ms4 ,matsui1 ,ms4 ,mc,bride1 ,mrs4 ,mc,clain ,delaney1 ,ms4 ,mc,clellan1 ,ms4 ,mc,collum1 ,ms4 ,mc,donald ,rivet1 ,mr4 ,mc,garvey1 ,mr4 ,mc,govern1 ,mr4 ,menefee1 ,ms4 ,meng1 ,mr4 ,mfume1 ,mr4 ,min1 ,mr4 ,morelle1 ,ms4 ,morrison1 ,mr4 ,moulton1 ,mr4 ,mrvan1 ,mr4 ,mullin1 ,mr4 ,nadler1 ,mr4 ,neguse1 ,ms4 ,norton1 ,ms4 ,ocasio-,cortez1 ,mr4 ,olszewski1 ,ms4 ,omar1 ,ms4 ,pettersen1 ,ms4 ,pingree1 ,mr4 ,pocan1 ,mr4 ,quigley1 ,mrs4 ,ramirez1 ,ms4 ,rivas1 ,ms4 ,ross1 ,mr4 ,ruiz1 ,ms4 ,salinas1 ,ms4 ,scanlon1 ,ms4 ,schakowsky1 ,mr4 ,schneider1 ,ms4 ,scholten1 ,mr4 ,scott of ,virginia1 ,mr4 ,david ,scott of ,georgia1 ,ms4 ,simon1 ,mr4 ,smith of ,washington1 ,mr4 ,sorensen1 ,ms4 ,stansbury1 ,mr4 ,stanton1 ,ms4 ,stevens1 ,mr4 ,subramanyam1 ,mr4 ,suozzi1 ,mr4 ,takano1 ,mr4 ,thanedar1 ,mr4 ,thompson of ,mississippi1 ,ms4 ,titus1 ,ms4 ,tlaib1 ,ms4 ,tokuda1 ,mr4 ,tonko1 ,mr4 ,torres of ,new ,york1 ,mrs4 ,trahan1 ,mr4 ,tran1 ,ms4 ,underwood1 ,mr4 ,vargas1 ,mr4 ,vasquez1 ,mr4 ,vindman1 ,mr4 ,walkinshaw1 ,ms4 ,waters1 ,mrs4 ,watson ,coleman1 ,mr4 ,whitesides1 and ,ms4 ,wilson of ,florida7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,agriculture1 ,ways and ,means1 ,natural ,resources1 ,financial ,services1 ,transportation and ,infrastructure1 ,education and ,workforce1 ,oversight and ,government ,reform1 and ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide relief from high energy bills1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,energy ,bills ,relief ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,reversing attacks on low-cost1 clean energy ,subtitle ,a--,restoring tax credits for low-,cost1 clean energy ,sec4 #aja4 ,repealing ,h4,r4 #a rollbacks of low-cost1 clean energy tax credits4 ,subtitle ,b--,stopping administration overreach against low-,cost1 clean energy ,sec4 #aaa4 ,reversing grant terminations for low-cost1 clean energy4 ,sec4 #aab4 ,prevention of administrative abuse of ,federal permitting of low-cost1 clean energy4 ,sec4 #aac4 ,ratepayer protection against uneconomic power generation4 ,title ,,ii--,cutting energy bills for ,american families ,sec4 #bja4 ,lowering household heating and cooling bills4 ,sec4 #bjb4 ,home weatherization4 ,sec4 #bjc4 ,reflective roofing4 ,sec4 #bjd4 ,domestic natural gas price protection4 ,sec4 #bje4 ,rural energy savings4 ,title ,,iii--,unclogging the low-cost1 clean energy bottleneck ,sec4 #cja4 ,expedited generator interconnection4 ,sec4 #cjb4 ,advanced transmission technologies4 ,sec4 #cjc4 ,electricity transformers4 ,sec4 #cjd4 ,streamlining permitting of distributed energy4 ,sec4 #cje4 ,community solar4 ,sec4 #cjf4 ,low-cost1 clean energy in ,united ,states territories4 ,title ,,iv--,building out a #bast century electricity grid ,subtitle ,a--,amendments to the ,federal ,power ,act ,sec4 #dja4 ,definitions4 ,sec4 #djb4 ,interregional electric transmission planning4 ,sec4 #djc4 ,allocation of costs of electric transmission facilities of national significance4 ,sec4 #djd4 ,minimum interregional transfer capability4 ,sec4 #dje4 ,increased ,,ferc transmission siting authority4 ,sec4 #djf4 ,prohibiting expensive1 unjust queue jumping4 ,subtitle ,b--,tax and grants ,sec4 #daa4 ,transmission investment tax credit4 ,sec4 #dab4 ,reduced wildfire risks to the grid4 ,subtitle ,c--,transmission governance reform ,sec4 #dba4 ,,ferc staffing4 ,sec4 #dbb4 ,,ferc fee assessments4 ,sec4 #dbc4 ,state public utility commission capacity grants4 ,sec4 #dbd4 ,independent transmission monitors4 ,sec4 #dbe4 ,aggregator bidding into organized wholesale electric markets4 ,sec4 #dbf4 ,,rto and ,,iso governance and participation4 ,sec4 #dbg4 ,modernized grid data and analytics4 ,title ,v--,deploying low-cost1 clean energy responsibly on public lands and waters ,subtitle ,a--,public land renewable energy development ,sec4 #eja4 ,public land renewable energy development4 ,sec4 #ejb4 ,geothermal cost recovery4 ,sec4 #ejc4 ,geothermal ,gold ,book development4 ,subtitle ,b--,offshore renewable deployment ,sec4 #eaa4 ,responsible development of offshore renewable energy4 ,sec4 #eab4 ,compensation for offshore renewable energy projects4 ,sec4 #eac4 ,interoperability of offshore electric transmission infrastructure4 ,title ,,vi--,protecting consumers in electricity regulation ,sec4 #fja4 ,utility earnings tied to ratepayer benefits4 ,sec4 #fjb4 ,consumer protection from energy market manipulation4 ,sec4 #fjc4 ,avoiding cost shifts onto families4 ,sec4 #fjd4 ,true costs and value of energy for economic and public benefit4 ,sec4 #fje4 ,grid performance disclosure4 ,title ,,vii--,collaborating with communities for successful deployment ,sec4 #gja4 ,federal permitting capacity4 ,sec4 #gjb4 ,interagency environmental data system4 ,sec4 #gjc4 ,timely public release of ,,nepa documentation4 ,sec4 #gjd4 ,community benefits agreements4 ,sec4 #gje4 ,intervenor funding at ,,ferc ,office of ,public ,participation4 ,sec4 #gjf4 ,senior community engagement officers and ,tribal community engagement officers4 ,sec4 #gjg4 ,capacity grants for permitting and community engagement4 ,i ,reversing attacks on low-,cost1 clean energy ,a ,restoring tax credits for low-cost1 clean energy #aja4 ,repealing ,h4,r4 #a rollbacks of low-cost1 clean energy tax credits 7a7 ,repeal ,subchapter ,a of chapter #e of subtitle ,a of title ,,vii of ,public ,law #aai-ba is hereby repealed4 7b7 ,amendments ,each provision of law amended by such subchapter is amended to read as such provision would read if such subchapter had never been enacted4 7c7 ,effects ,each amendment made by subsection 7b7 shall take effect as if included in the provision of such subchapter to which such amendment relates4 ,b ,stopping administration overreach against low-,cost1 clean energy #aaa4 ,reversing grant terminations for low-cost1 clean energy 7a7 ,the ,department of ,energy1 the ,environmental ,protection ,agency1 and the ,department of ,transportation may not terminate a ,federal award in part or its entirety1 require a renegotiation or rescoping of the ,federal award1 or decide not to fund a future budget period of a ,federal award on the basis that the ,federal award no longer effectuates the program goals or agency priorities1 including pursuant to section #bjj4cdj7;a77#d7 of title #b1 ,code of ,federal ,regulations4 7b7 ,any ,federal award that was terminated1 renegotiated1 rescoped1 or not progressed to future budget periods by the ,department of ,energy1 the ,environmental ,protection ,agency1 or the ,department of ,transportation after ,january #ai1 #bjbe1 for no longer effectuating the program goals or agency priorities1 including pursuant to section #bjj4cdj7;a77#d7 of title #b1 ,code of ,federal ,regulations1 shall be reinstated by such agency or entity under its previous terms and conditions4 #aab4 ,prevention of administrative abuse of ,federal permitting of low-cost1 clean energy 7a7 ,requirement for parity ,the ,council on ,environmental ,quality1 in consultation with all applicable ,federal agencies1 shall ensure1 via subsection 7b71 that the processing of applications1 authorizations1 or related approvals as well as denials and the activities referenced in subsection 7g7 for wind1 solar1 storage1 or related electric transmission projects on ,federal and non-,federal land and waters is not subject to more restrictive or burdensome procedural requirements than those applied to applications for oil1 gas1 or coal projects on ,federal and non-,federal land and waters and does not bias ,federal decision making in favor of oil1 gas1 or coal projects1 including-- 7#a7 requirements for elevated or discretionary review by the ,secretary1 ,deputy ,secretary1 other political appointees1 or career employees2 7#b7 additional documentation or review not required for oil1 gas1 or coal projects2 7#c7 withholding1 delaying1 or reversing decisions by local or regional entities for wind1 solar1 storage1 or related electric transmission projects for reasons not applied to oil1 gas or coal projects2 and 7#d7 denial of routine administrative approvals1 such as testing permits or cost recovery agreements1 or notices to proceed once all criteria have been met for approval1 based on underlying technology4 7b7 ,policy review 7#a7 ,review ,not later than #ij days after the date of enactment of this section1 the ,council on ,environmental ,quality1 in consultation with all applicable ,federal agencies1 shall-- 7,a7 review all applicable regulations1 guidance documents1 policy manuals1 departmental directives1 ,secretarial orders1 and other procedures regarding energy development2 and 7,b7 identify any provision of such regulations1 documents1 manuals1 directives1 orders1 and procedures not otherwise required in statute that do not comply with the requirements in subsection 7a74 7#b7 ,rescission ,not later than #abj days after the date of enactment of this section1 the applicable ,secretary or ,administrator shall rescind or amend as necessary any provision identified under subsection 7a74 7c7 ,accountability in permitting ,not later than #ahj days after the date of enactment of this section and annually thereafter1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on actions taken by all applicable ,federal agencies related to permitting for energy projects1 which shall include-- 7#a7 an analysis of the procedures used by all applicable ,federal agencies for processing applications1 authorizations1 or approvals for wind1 solar1 storage1 or related electric transmission projects on ,federal and non-,federal land and waters and how those procedures compare to those used for oil1 gas1 or coal projects2 7#b7 an analysis of the number of days applicable ,federal agencies took during the previous calendar year to process applications1 authorizations or approvals for wind1 solar1 storage1 or related electric transmission projects on ,federal and non-,federal land and waters compared to the number of days to process applications1 authorizations or approvals for oil1 gas1 or coal projects2 and 7#c7 an assessment of whether applicable ,federal agencies treated wind1 solar1 storage1 or related electric transmission projects the same as oil1 gas1 or coal projects during the previous calendar year4 7d7 ,ensuring energy security 7#a7 ,limitation on issuance of certain approvals ,beginning on the date of enactment of this ,act-- 7,a7 the ,secretary of the ,interior may not approve a permit to extract coal or to drill on an onshore oil or gas lease on ,federal land unless an approval for onshore wind or solar development has been issued during the #abj-;day period ending on the date of the issuance of the approval for oil or gas development2 and 7,b7 the ,secretary of the ,interior may not approve a permit to drill on an offshore oil or gas lease on the ,outer ,continental ,shelf under section #b7;a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7;a77 unless an approval for offshore wind development on the ,outer ,continental ,shelf of similar scope has been issued during the #abj-;day period ending on the date of the issuance of the approval for oil or gas development4 7#b7 ,rules of construction ,nothing in this section shall be construed to require the ,secretary to approve applications for a permit to drill for onshore or offshore oil or gas development or a permit to extract coal4 7e7 ,timely ,federal review 7#a7 ,deadlines to complete environmental reviews under ,,nepa ,with respect to any proposed wind1 solar1 storage1 or related electric transmission development on ,federal land or waters1 including the ,outer ,continental ,shelf1 requiring an environmental impact statement or environmental assessment pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,secretary shall complete such environmental impact statement or environmental assessment within the deadlines established under section #ajg7;g7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g774 7#b7 ,deadline for determination of right-of-way ,not later than #ahj days after completion of the environmental impact statement or environmental assessment1 as applicable1 for wind1 solar1 storage1 or related electric transmission development on ,federal land or waters1 including the ,outer ,continental ,shelf1 the ,secretary shall issue a right-of-way1 except in the event that a no action alternative is selected4 7f7 ,judicial review 7#a7 ,reviewability 7,a7 ,in general ,if a ,federal agency suspends construction or operations of a wind1 solar1 storage1 or related electric transmission project1 or otherwise prevents a wind1 solar1 storage1 or related electric transmission project from commencing and completing construction1 operation1 or related ancillary activities1 including by revoking1 rescinding1 withdrawing1 terminating1 suspending1 amending1 altering1 or otherwise rendering ineffective any authorization for a project or the final environmental document the authorization relies on1 shall be considered final agency action subject to judicial review under chapter #g of title #e1 ,united ,states ,code4 7,b7 ,venue ,a person seeking judicial review for an action described in subparagraph 7,a7 shall obtain review of such action in the ,united ,states ,court of ,appeals for any circuit wherein the project is located4 7#b7 ,timing ,for any claim brought regarding an action in paragraph 7,a71 the court of competent jurisdiction shall issue a decision for such challenge-- 7,a7 as expeditiously as practicable2 and 7,b7 not later than the date that is #cj days after the date on which the civil action is filed1 unless the court determines that additional time is required in the interests of justice4 7#c7 ,applicability ,this section shall apply to any actions in paragraph 7#a7 that occurred after ,january #ai1 #bjbe4 7g7 ,ensuring fairness on ,federal lands and waters 7#a7 ,,flpma amendments ,the ,federal ,land ,policy and ,management ,act of #aigf is amended-- 7,a7 in section #ajc7;c7 7#dc ,u4,s4,c4 #agjb7;c771 by striking historical values2 and inserting historical values1 including the generation1 transmission1 and storage of renewable energy sources such as wind1 solar1 and geothermal energy22 and 7,b7 in section #cjb 7#dc ,u4,s4,c4 #agcb71 by inserting at the end 7e7 ,the ,secretary shall manage the public lands to facilitate the generation1 transmission1 and storage of renewable energy resources1 consistent with the principles of multiple use and sustained yield under this ,act4 ,for the purposes of this ,act1 such activities are deemed to be consistent with multiple-use management44 7#b7 ,,ocsla amendments ,section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,requirements ,the ,secretary shall ensure that any activity under this subsection is carried out in a manner that provides for a balance of-- 7,a7 safety2 7,b7 the protection of the environment2 7,c7 the prevention of waste2 7,d7 the conservation of the natural resources of the outer ,continental ,shelf2 7,e7 coordination with relevant ,federal agencies and ,tribal1 ,state1 and local governments2 7,f7 the protection of the national security interests of the ,united ,states1 including energy security2 7,g7 the protection of correlative rights in the outer ,continental ,shelf1 including the energy generation potential of other offshore renewable energy leases2 7,h7 a fair return to the ,united ,states for any lease1 easement1 or right-of-way under this subsection2 7,i7 prevention of unreasonable interference with other uses of the exclusive economic zone1 the high seas1 and the territorial seas1 as determined by the ,secretary2 7,j7 consideration of-- 7i7 the location of1 and any schedule relating to1 a lease1 easement1 or right-of-way for an area of the outer ,continental ,shelf2 and 7ii7 any other use of the sea or seabed1 including use for a fishery or fishery survey1 a sealane1 a regional coastal observing system or other scientific observation platform such as a buoy1 a potential site of a deepwater port1 or navigation2 7,k7 public notice and comment on any proposal submitted for a lease1 easement1 or right-of-way under this subsection2 7,l7 the oversight1 inspection1 research1 monitoring1 and enforcement relating to a lease1 easement1 or right-of-way under this subsection2 and 7,m7 the consideration of any applicable ,federal1 ,tribal1 and ,state renewable energy mandates1 targets1 and goals4 4 #aac4 ,ratepayer protection against uneconomic power generation ,section #bjb7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,commission after ,during the continuance of any war in which the ,united ,states is engaged1 or whenever the and inserting ,secretary of ,energy 7referred to in this subsection as the ,secretary72 7,b7 by striking exists after determines that an emergency and inserting currently exists or will occur within #f months2 7,c7 by striking ,commission after or other causes1 the and inserting ,secretary2 7,d7 by inserting ,as part of the order1 the ,secretary shall explain why such order best meets the emergency and serves the public interest4 after serve the public interest42 and 7,e7 by striking ,commission after carrying out such order1 the and inserting ,federal ,energy ,regulatory ,commission 7referred to in this subsection as the ,commission72 7#b7 in paragraph 7#b7-- 7,a7 by striking ,commission after law or regulation1 the and inserting ,secretary2 and 7,b7 by adding at the end the following3 ,the ,secretary shall state in such orders-- 7,a7 that are in effect for #if or fewer hours1 the specific hours that are necessary to meet the emergency and serve the public interest2 or 7,b7 that are in effect for more than #if hours1 the specific methodology by which such hours that are necessary to meet the emergency and serve the public interest were determined4 4 7#c7 in paragraph 7#d7-- 7,a7 by striking ,commission wherever it appears and inserting ,secretary2 7,b7 in subparagraph 7,a71 by striking that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation2 7,c7 in subparagraph 7,b7-- 7i7 by inserting that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation after ,in renewing or reissuing an order under subparagraph 7,a72 and 7ii7 by inserting ,the ,secretary shall make available to the public the primary ,federal agency consulted4 after practicable42 and 7,d7 by adding at the end-- 7,c7 ,before renewing or reissuing an order under subparagraph 7,a71 the ,secretary shall undertake a robust study of available alternatives that would reduce the net costs as compared to renewing or reissuing the order4 7,d7 ,in the event the ,secretary issues a renewed or reissued order under this paragraph1 a petition for judicial review of such renewed or reissued order may be filed under section #cac7;b7 without filing a request for rehearing or otherwise complying with any requirements of section #cac7;a74 2 and 7#d7 by adding at the end the following3 7#f7 7,a7 ,not later than #cj days after the date on which the ,secretary issues an order under paragraph 7#a71 the ,commission shall publish-- 7i7 estimates of the costs that are expected to be incurred by any electric utility and customers of such electric utility as a result of the order2 and 7ii7 other expected impacts of the order4 7,b7 ,not later than #fj days after the date on which the ,secretary issues an order under paragraph 7#a71 an electric utility that has been1 or is expected to be1 affected as a result of the order1 including any electric utility described in subparagraph 7,a77i71 shall provide in writing to customers of the electric utility a description of the costs incurred due to the order1 or costs expected to be incurred as a result of the order1 including any information relevant to the electric utility and the customers of the electric utility published under subparagraph 7,a74 4 ,,ii ,cutting energy bills for ,american families #bja4 ,lowering household heating and cooling bills 7a7 ,funding ,section #bfjb of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking section #bfjg;,a7 and inserting section #bfjd7;e71 #bfje7u71 #bfjg;,a1 #bfjg;,b1 or #bfjg;,c72 and 7,b7 by striking #b1jjj1jjj1jjj and all that follows and inserting such sums as may be necessary1 including such sums as may be necessary to enable the ,states to assist all households that meet the eligibility requirements established under this title and to enable ,states to implement home energy affordability measures described in section #bfje7;b77#c742 7#b7 in subsection 7e71 in the first sentence-- 7,a7 by striking in each fiscal year2 7,b7 by striking #fjj1jjj1jjj and inserting #b1jjj1jjj1jjj for fiscal year #bjbf1 and #b1jjj1jjj1jjj plus such additional sums as may be necessary for each fiscal year thereafter12 and 7,c7 by inserting 1 or arising from a major disaster1 as defined in section #bfjd7;e77#a7 before the period at the end2 and 7#c7 by adding at the end the following3 7f7 ,there is authorized to be appropriated to carry out section #bfjg;,c1 including making grants under that section1 #a1jjj1jjj1jjj for fiscal year #bjbf1 and #a1jjj1jjj1jjj plus such additional sums as may be necessary for each fiscal year thereafter4 4 7b7 ,definitions ,section #bfjc of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbb7 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#f71 7#g7 through 7#aj71 and 7#aa71 as paragraphs 7#f7 through 7#h71 7#aj7 through 7#ac71 and 7#ae71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,the terms extreme heat and extreme cold1 used with respect to a period1 means a period in which there is an increased risk of-- 7,a7 heat-related or cold-related1 respectively1 illness1 hospitalization1 or death2 or 7,b7 failures or energy shutoffs of home cooling or heating1 respectively4 7#e7 ,the term ,,heap coordinator means an employee-- 7,a7 who administers a program funded under section #bfjb7;b72 and 7,b7 whose salary is paid1 partly or wholly1 with funds made available under that section4 2 7#c7 by inserting after paragraph 7#h71 as so redesignated1 the following3 7#i7 ,the term local coordinating agency means any local organization or local office that receives funds under section #bfjb7;b7 to perform customer intake1 or approval of benefits1 on behalf of the ,state agency4 2 and 7#d7 by inserting after paragraph 7#ac71 as so redesignated1 the following3 7#ad7 ,the term ,state agency means any ,state agency that administers the program funded under section #bfjb7;b74 4 7c7 ,assistance for emergencies and major disasters1 including extreme heat and cold ,section #bfjd of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbc7 is amended-- 7#a7 in subsection 7a77#a77;,b71 by striking section #bfje7;b77#i77;,b7 and inserting section #bfje7;b77#aj77;,b72 and 7#b7 in subsection 7e7-- 7,a7 by striking 7e7 and inserting the following3 7e7 7#a7 ,in this subsection3 7,a7 ,the term covered household means an eligible household in an area where the ,president1 or the ,secretary1 as the case may be1 has declared or determined the occurrence of a natural disaster1 emergency1 or major disaster4 7,b7 ,the term major disaster means-- 7i7 a major disaster or emergency declared under section #dja or #eja1 respectively1 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj1 #eaia72 7ii7 a public health emergency determined under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d72 or 7iii7 a period of extreme heat or extreme cold1 as determined by the ,secretary4 7#b7 2 7,b7 in paragraph 7#b71 as so designated1 by striking natural disaster or other emergency involved and inserting natural disaster1 emergency1 or major disaster involved2 and 7,c7 by adding at the end the following3 7#c7 ,upon a declaration or a determination of a natural disaster1 emergency1 or major disaster1 for an area1 the ,secretary and the ,administrator of the ,federal ,emergency ,management ,agency shall1 to the extent practicable1 provide heating or cooling assistance through such an allotment to a ,state for covered households in that area4 7#d7 ,to receive assistance under this subsection1 the ,state that has jurisdiction over the covered households shall provide assurances to the ,secretary that the ,state-- 7,a7 will not preclude a household that receives heating assistance or cooling assistance under this title during a calendar year1 on the basis of obtaining that assistance1 from receiving cooling assistance or heating assistance1 respectively1 under this title during that year2 7,b7 will not require a household to indicate that a household member has a medical need for assistance under this title1 to be eligible for that assistance2 and 7,c7 will allow use of such assistance for purposes for which heating or cooling assistance is available under the program funded under section #bfjb7;b71 including for providing energy-efficient air conditioners1 and other equipment needed for home cooling1 to eligible households4 4 7d7 ,eligible households ,section #bfje of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a71 by striking paragraph 7#e7 and inserting paragraph 7#f72 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 subject to subsection 7c77#a77;,a71 after only2 7ii7 in subparagraph 7,b71 by striking 7,b7 and all that follows through clause 7ii7 and inserting the following3 7,b7 households with incomes which do not exceed the greater of-- 7i7 an amount equal to #bej percent of the poverty level2 or 7ii7 an amount equal to #hj percent of the ,state median income1 2 and 7iii7 in the matter following subparagraph 7,b7-- 7,i7 by striking may give and inserting shall give2 and 7,,ii7 by inserting before the semicolon the following3 1 and the ,state may not exclude a household from eligibility on the basis of citizenship of #a or more of the household members2 7,c7 by redesignating paragraphs 7#c7 through 7#af7 as paragraphs 7#d7 through 7#ag71 respectively2 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 ,energy burden limits ,to the extent practicable1 the ,secretary shall work with ,states using funding under section #bfjb7;b7 7supplemented by funding available through ,state-level energy programs1 utility affordability initiatives1 or other mechanisms as determined by the ,state in consultation with the ,secretary7 to implement home energy affordability measures-- 7,a7 to ensure that no household eligible under paragraph 7#b7 experiences an energy burden for which the expenditures of the household for home energy exceed #c percent of household income2 and 7,b7 to prioritize the further reduction of energy burdens for such eligible households with the lowest incomes4 2 and 7,e7 in subparagraph 7,b7 of paragraph 7#aj71 as so redesignated1 by striking paragraph 7#af7 and inserting paragraph 7#ag72 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,a71 by striking assistance to be provided under this title1 including criteria and inserting assistance to be provided under this title1 including-- 7i7 certifying that the ,state and local coordinating agencies in the ,state-- 7,i7 shall1 to the greatest extent possible1 use data sharing agreements with ,federal and ,state low-income assistance programs1 including the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 the ,medicaid program established under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq471 and the supplemental security income program established under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq471 to verify eligibility2 7,,ii7 shall implement simplified re-enrollment procedures for households with fixed incomes or households already determined to be eligible under other ,federal and ,state low-income assistance programs1 to reduce administrative burdens on applicants and agencies2 7,,iii7 shall not require applicants to submit proof of citizenship to establish status as an eligible household2 and 7,,iv7 if neither the verification process described in subclause 7,i7 nor the re-enrollment process described in subclause 7,,ii7 apply to a household1 shall allow applicants to self-attest that the applicants meet the criteria established under this title for an eligible household1 to the extent necessary to facilitate access to assistance and prevent undue hardship for applicants2 and 7ii7 describing criteria4 2 7,b7 in subparagraph 7,e71 by striking paragraph 7#e7 and inserting paragraph 7#f72 and 7,c7 in subparagraph 7,f71 by striking clauses 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#aj71 7#ab71 7#ac71 and 7#ae7 of subsection 7b7 and inserting paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aa71 7#ac71 7#ad71 and 7#af7 of subsection 7b72 7#c7 in subsection 7e71 by striking subsection 7b77#aj7 and inserting subsection 7b77#aa72 7#d7 in subsection 7f71 by adding at the end the following3 7#c7 ,for purposes of section #dja7;c71 and the remainder of title ,,iv1 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afaa7;a71 #afja et seq471 assistance under this title shall not be considered to be a ,federal public benefit4 2 and 7#e7 in subsection 7j71 by striking the ,state may apply and inserting the ,state may1 subject to subsection 7c77#a77;,a77i71 apply4 7e7 ,conditions for funding ,section #bfje of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,c71 by inserting before the semicolon the following3 1 using toxics-free materials that do not contain asthmagens or respiratory sensitizers1 giving priority in the use of those funds under this subparagraph1 to the greatest extent practicable1 to supporting emergency home repairs that foster energy efficiency1 decarbonization1 and household resilience1 including through beneficial electrification of heating and cooling2 7,b7 in paragraph 7#h71 as so redesignated-- 7i7 in subparagraph 7,c71 by striking and at the end2 and 7ii7 by adding at the end the following3 7,e7 ensure that-- 7i7 the home energy supplier will not charge late fees for any payment1 by a household receiving assistance through the program funded under section #bfjb7;b71 during the period beginning #f months before and ending #f months after a date on which the supplier receives funds through the program for the household2 and 7ii7 if the supplier receives funds through the program for such a household and charged such late fees during that period1 the supplier shall refund the fees to the household not later than #g days after the date the supplier receives the funds2 7,f7 ensure that the home energy supplier will not shut off home energy from a household that received assistance through the program funded under section #bfjb7;b71 within the #b-year period beginning on the date the household received the assistance2 7,g7 ensure that the home energy supplier1 in return for receiving funds through the program funded under section #bfjb7;b7-- 7i7 will provide to the ,state data on households that have not paid their home energy bills1 to enable the ,state and the supplier to carry out coordinated outreach concerning assistance available through the program funded under section #bfjb7;b72 and 7ii7 will1 when sending a notice of late payments to such households1 include information on such assistance1 on how to access such assistance through the program1 and on eligibility criteria for the program2 and 7,h7 ensure that the home energy supplier will1 not later than #b years after the date of enactment of the ,energy ,bills ,relief ,act1 in return for receiving assistance under the program funded under section #bfjb7;b7 and through a partnership with the ,state1 offer a low-income energy affordability payment program2 2 and 7,c7 in paragraph 7#aj71 as so redesignated-- 7i7 in subparagraph 7,a7-- 7,i7 by striking #aj percent and inserting #ae percent2 and 7,,ii7 by striking and at the end2 and 7ii7 by adding at the end the following3 7,c7 in planning and administering that program1 the ,state shall use the portion of the amount described in subparagraph 7,a71 that exceeds #aj percent of the funds described in subparagraph 7,a71 to expand the ,state program funded under section #bfjb7;b7 so that the ,state operates the program on a year-round basis2 and 7,d7 in planning and administering that program1 the ,state-- 7i7 shall make technological changes to allow1 not later than #e years after the date of enactment of the ,energy ,bills ,relief ,act1 for online submission of applications for assistance through that program2 and 7ii7 shall1 to the extent practicable-- 7,i7 conduct outreach activities1 including activities to increase enrollment as described in subsection 7p72 7,,ii7 ensure that all ,,heap coordinators in the ,state receive wages1 for administration funded under section #bfjb7;b71 at not less than the greater of #ae per hour or the applicable ,federal1 ,state1 or local minimum wage rate2 7,,iii7 conduct training for ,,heap coordinators1 ,state agency staff1 and community partners on best practices for outreach1 application processing1 and assisting eligible households2 7,,iv7 as needed1 conduct outreach relating to the program funded under section #bfjb7;b7 to rural electric cooperatives1 home energy suppliers owned by a political subdivision of a ,state1 such as a municipally owned electric utility1 and home energy suppliers owned by any agency1 authority1 corporation1 or instrumentality of a political subdivision of a ,state2 and 7,v7 ensure autoenrollment of eligible households into the program funded under section #bfjb7;b71 and in the process document any potential barriers to autoenrollment that need to be clarified or otherwise addressed at the ,federal level2 2 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,g71 by striking and at the end2 7,b7 by redesignating subparagraph 7,h7 as subparagraph 7,i72 and 7,c7 by inserting after subparagraph 7,g7 the following3 7,h7 describes how the ,state will expand the ,state program funded under section #bfjb7;b7 so that the ,state operates the program on a year-round basis in accordance with subsection 7b77#aj77;,c7 and the measures the ,state has taken so far to carry out that expansion2 and 2 and 7#c7 by adding at the end the following3 7m7 ,the ,secretary shall allow1 to the greatest extent possible1 eligible households to obtain assistance with minimal administrative burden1 by carrying out subsection 7c77#a77;,a77i74 7n7 ,the ,secretary shall1 by grant or contract1 provide for a study that examines the rates of home energy shutoffs and assessments of late fees among eligible households1 relative to those rates for households that are not eligible households1 over a period of several years4 7o7 ,the ,secretary shall provide technical assistance to ,states to support partnerships described in subsection 7b77#h77;,h74 7p7 7#a7 ,the ,secretary1 in consultation with the ,secretary of ,education1 shall issue guidance for use of funds for administrative activities described in subsection 7b77#aj7 to increase1 through partnerships with elementary schools1 secondary schools1 and local educational agencies1 enrollment in the program funded under section #bfjb7;b7 among eligible households that include children and that have high energy burdens4 7#b7 ,the ,secretary shall issue guidance for use by ,states on outreach relating to assistance through the program funded under section #bfjb7;b7 to high-risk individuals1 with relevant medical conditions1 that benefit from the use of medical equipment that requires electricity1 including a ventilator1 an oxygen concentrator1 or another medical device that requires electricity4 7#c7 ,the ,secretary shall issue guidance for use by ,states on how to ensure that eligible households are aware of additional grants1 tax credits1 and rebates1 made available under ,public ,law #aag-afi1 or an amendment made by such law4 7q7 ,not later than #a year after the date of enactment of the ,energy ,bills ,relief ,act1 the ,secretary shall require each ,state receiving funds under this title1 including allotments under subsection 7a7 or 7e7 of section #bfjd1 to develop and update as necessary1 an action plan for a period of extreme heat1 which shall describe how the ,state will use its allotments under this title to assist eligible households in covering cooling costs and mitigating heat-related health risks4 7r7 ,not later than #a year after the date of enactment of the ,energy ,bills ,relief ,act1 the ,secretary shall conduct a review of eligibility criteria for assistance under this title and identify additional vulnerable populations to include under such criteria1 such as pregnant women1 children1 and individuals with medical conditions exacerbated by a period of extreme heat4 7s7 ,the ,secretary1 in consultation with the ,secretary of ,energy1 shall require ,state energy offices receiving ,federal funds under this title to develop plans-- 7#a7 to retrofit low-income housing stock to adapt to rising temperatures and address environmental hazards1 including-- 7,a7 deploying highly efficient cooling systems1 including heat pumps2 7,b7 expanding weatherization and passive cooling strategies2 7,c7 addressing structural and health hazards1 including mold1 lead1 asbestos1 and pest infections2 and 7,d7 ensuring that necessary electrical panel and wiring upgrades are completed to support the installation of cooling systems and energy efficiency improvements2 and 7#b7 to assess and adapt existing 7as of the date of development of the plan7 shutoff policies to protect all households while considering the impact on energy affordability and energy grid reliability4 7t7 7#a7 ,not later than #a year after the date of enactment of the ,energy ,bills ,relief ,act1 the ,secretary1 in consultation with the ,secretary of ,housing and ,urban ,development1 shall submit a report to ,congress that-- 7,a7 identifies safe residential temperature standards for federally assisted dwelling units1 considering risks of periods of extreme heat and extreme cold and regional climate variations2 and 7,b7 proposes strategies to ensure compliance with the standards1 including permitting covered utility allowances to be used for cooling assistance where feasible1 taking into account regional climate variations and housing stock differences4 7#b7 ,in this subsection1 the term covered utility allowance means a utility allowance-- 7,a7 applicable to public housing dwelling units under section #c of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;a72 or 7,b7 under the housing choice voucher program under section #h7o77#b77;,d7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#b77;,d774 4 7f7 ,weatherization ,section #bfje7k7 of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd7k77 is amended-- 7#a7 in paragraph 7#a71 by striking #ae percent and inserting #be percent2 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i7-- 7i7 by striking subparagraph 7,b7 and inserting subparagraph 7,c72 and 7ii7 by striking the greater of #be percent and inserting a portion equal to the greater of #ce percent2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,the ,state-- 7i7 shall1 to the extent practicable-- 7,i7 use the portion described in subparagraph 7,a7 for energy-related home repair that reduces dependence on fossil fuel energy sources2 and 7,,ii7 use the portion to facilitate the use of funds made available under section #bfjb7;b7 to increase the participation of eligible households in community solar programs1 or to otherwise increase access to and ownership of distributed renewable energy infrastructure among eligible households2 and 7ii7 shall if possible give the highest priority to using the portion for home repair that replaces appliances that rely on fossil fuels with appliances that use electric heating or cooling technology1 powered by renewable energy4 4 7g7 ,home energy payment arrears data collection ,section #bfje of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfbd71 as amended by subsection 7e71 is further amended by adding at the end the following3 7u7 7#a7 7,a7 ,the ,secretary1 in consultation with the ,secretary of ,energy1 shall develop a standardized template for ,states and home energy suppliers to use to track and report data on eligible households in arrears in home energy payments1 including data on the related fees and disconnections for such households4 7,b7 ,the template developed under subparagraph 7,a7 shall-- 7i7 include a definition of an eligible household in arrears1 with respect to home energy payments1 as an eligible household that has not made payment on a home energy bill for more than #fj to #ij days1 as determined by the ,state agency or local coordinating agency1 unless otherwise specified by ,state law2 7ii7 include metrics on related disconnections1 late fees1 reconnections1 and arrearage balances for eligible households2 and 7iii7 align with existing 7as of the date of the development7 ,federal and ,state reporting mechanisms where applicable4 7#b7 ,not later than #a year after the date of enactment of the ,energy ,bills ,relief ,act1 the ,secretary shall1 in consultation with the ,secretary of ,energy1 issue guidance on best practices for ,states 7including through partnerships with home energy suppliers7 to pay for home energy payment arrearages with assistance provided through the program funded under section #bfjb7;b71 including by paying for such arrearages at the time of dissemination of assistance through that program4 ,such guidance shall prohibit any home energy supplier receiving funds through the program from recovering arrearage assistance costs through rate increases or other charges to customers1 including cost recovery mechanisms that disproportionately impact low-income households4 7#c7 ,to the extent practicable1 the ,secretary and the ,secretary of ,energy shall jointly-- 7,a7 implement a data tracking system1 aligned with the standardized reporting template developed under paragraph 7#a71 to collect aggregate data regarding the number of eligible households in arrears and their respective energy burdens and develop recommendations to ,,heap coordinators on how to minimize energy burdens for the households2 and 7,b7 issue guidance to home energy suppliers with recommendations for working with ,state agencies to address home energy payment arrearages of eligible households4 7#d7 ,the ,secretary1 in consultation with the ,secretary of ,energy1 may make grants to ,states to assist the ,states in implementing data tracking and reporting requirements under this subsection4 7#e7 ,there are authorized to be appropriated to carry out this subsection such sums as may be necessary4 4 7h7 ,program name change 7#a7 ,,liheap ,the ,low-,income ,home ,energy ,assistance ,act of #aiha is amended-- 7,a7 in section #bfjg;,a7b7 7#db ,u4,s4,c4 #hfbf;a7b771 in the matter preceding paragraph 7#a71 by striking low-income the first place it appears2 and 7,b7 in section #bfjg;,b7e77#b77;,b77ii7 7#db ,u4,s4,c4 #hfbf;b7e77#b77;,b77ii771 by striking ,low-,income4 7#b7 ,other law ,a reference in any other ,federal law 7other than that ,act71 ,executive order1 rule1 regulation1 or delegation of authority1 or any document1 of or relating to the ,low-,income ,home ,energy ,assistance ,program1 shall be deemed to refer to the ,home ,energy ,assistance ,program4 7i7 ,just transition grants ,the ,low-,income ,home ,energy ,assistance ,act of #aiha is amended by inserting after section #bfjg;,b 7#db ,u4,s4,c4 #hfbf;b7 the following3 #bfjg;,c4 ,,heap energy affordability and resilience grants 7a7 ,grant program ,the ,secretary and the ,secretary of ,energy shall jointly carry out a grant program under this section4 ,in carrying out the program1 the ,secretaries shall make grants for a period of #c years to ,states1 ,tribes1 and local governments to support the development and implementation of interagency plans to reduce energy burdens for eligible households with high home energy use4 ,the plans shall promote the reduction of those burdens in a manner that supports sustained reductions in household energy costs through improved energy efficiency1 reliability1 and access to cost-saving technologies4 ,the ,secretaries shall make the grants for a period of #c years4 7b7 ,preferences ,in making the grants1 the ,secretary shall give a preference to ,states1 ,tribes1 and local governments1 who set up coordination systems-- 7#a7 to identify eligible households1 that are recipients of assistance through the program funded under section #bfjb7;b71 with high home energy use2 7#b7 to prioritize eligible households with the highest energy burdens and lowest incomes1 in alignment with the priority provisions in paragraphs 7#b7 and 7#c7 of section #bfje7;b71 to receive emergency repair1 weatherization1 and retrofit assistance that results in decarbonization and reductions in energy use2 and 7#c7 to partner with entities carrying out workforce development initiatives1 unions1 or business enterprises owned by individuals that are socially disadvantaged to provide emergency repairs1 weatherization1 and retrofit assistance4 7c7 ,report to ,congress ,at the conclusion of the #c-year grant period1 the ,secretaries shall-- 7#a7 conduct an evaluation of the program's outcomes2 and 7#b7 prepare and submit to ,congress a report containing the results of the evaluation and policy recommendations4 4 7j7 ,conforming amendments ,the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq47 is amended-- 7#a7 in section #bfjg;,b7e77#b77,k7 7#db ,u4,s4,c4 #hfbf;b7e77#b77,k77 by striking paragraphs 7#b71 7#c71 7#d71 7#e71 7#g71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 and 7#ad7 of section #bfje7;b7 and inserting paragraphs 7#b71 7#d71 7#e71 7#f71 7#h71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 and 7#ae7 of section #bfje7;b72 and 7#b7 in section #bfaj7;b77#a7 7#db ,u4,s4,c4 #hfbi7 by striking clauses 7#b71 7#e71 7#h71 and 7#ae7 of section #bfje7;b7 and inserting paragraphs 7#b71 7#f71 7#i71 and 7#af7 of section #bfje7;b74 #bjb4 ,home weatherization 7a7 ,enhancement and innovation ,section #dad;,d of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfd;d7 is amended by striking subsection 7k74 7b7 ,average cost per dwelling unit ,section #dae7;c77#a7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77#a77 is amended by striking #f1ejj and inserting #ab1jjj4 7c7 ,clarification of reweatherization limitation ,section #dae7;c77#b7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77#b77 is amended-- 7#a7 by striking 1 or under other ,federal programs2 7#b7 by striking 1 may and inserting may2 and 7#c7 by striking or under other ,federal programs1 or from receiving non-,federal assistance for weatherization4 7d7 ,renewable energy systems ,section #dae7;c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7;c77 is amended by striking paragraph 7#d74 7e7 ,weatherization readiness program 7#a7 ,in general ,the ,energy ,conservation and ,production ,act is amended by adding after section #dad;,e 7#db ,u4,s4,c4 #fhfd;e7 the following section3 #dad;,f4 ,weatherization readiness program 7a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall establish a weatherization readiness program to provide grants to ,states1 ,indian tribes1 and tribal organizations to implement measures to make dwelling units occupied by low-income persons ready to receive weatherization measures pursuant to the weatherization program conducted under this part by addressing structural1 plumbing1 roofing1 and electrical issues and environmental hazards1 and implementing other measures that the ,secretary determines to be appropriate1 to reduce the frequency of deferrals of such weatherization measures when the condition of a dwelling unit renders delivery of weatherization measures unsafe or ineffective4 7b7 ,alignment of requirements ,except as otherwise provided in this section1 to the extent possible1 the ,secretary shall1 in establishing the weatherization readiness program under this section-- 7#a7 align the requirements of such weatherization readiness program with the requirements of the weatherization program conducted under this part2 and 7#b7 seek to reduce barriers to leveraging other sources of funding for weatherization readiness measures4 7c7 ,savings-to-,investment ratio ,the weatherization readiness program established under this section shall not include a savings-to-investment ratio requirement4 7d7 ,previous weatherization ,weatherization readiness measures implemented pursuant to the weatherization readiness program established under this section shall not be considered previous weatherization for purposes of section #dae7;c77#b74 7e7 ,average cost per dwelling unit ,the ,secretary shall establish1 or require a ,state grantee to establish1 a limit for expenditures for weatherization readiness measures1 including labor1 materials1 and related matters1 to be implemented with respect to a dwelling unit1 on an average cost per unit basis1 pursuant to the weatherization readiness program established under this section4 7f7 ,allocation of funds 7#a7 ,in general ,the ,secretary shall allocate funding made available under this section to ,states and tribal organizations in a manner consistent with the allocation of financial assistance for weatherization assistance under the weatherization program conducted under this part4 7#b7 ,updated allocation ,not sooner than ,october #a1 #bjbi1 the ,secretary1 in consultation with ,states and tribal organizations1 may1 by rule1 update the method to allocate funding to ,states and tribal organizations under this section to more accurately reflect the relative need for funding for weatherization readiness measures among low-income persons throughout the ,states and ,indian tribes4 7g7 ,administrative expenses ,not more than an amount equal to #ae percent of any grant made by the ,secretary under this section may be used for administrative purposes1 except that not more than one-half of such amount may be used by any ,state for such purposes4 7h7 ,authorization of appropriations ,there is authorized to be appropriated #ej1jjj1jjj for each of fiscal years #bjbf through #bjcj to carry out this section4 4 7#b7 ,table of contents amendment ,the table of contents for the ,energy ,conservation and ,production ,act is amended by adding after the item relating to section #dad;,e the following3 ,sec4 #dad;,f4 ,weatherization readiness program4 4 7f7 ,reauthorization of weatherization assistance program ,paragraph 7#b7 of section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended by striking #bjbe and inserting #bjcj4 #bjc4 ,reflective roofing 7a7 ,establishment ,the ,secretary shall establish and carry out a program to provide rebates to eligible households for the purchase and installation of eligible cool roof products4 7b7 ,rebate amount ,the amount of a rebate provided under the program established under subsection 7a7 shall be-- 7#a7 with respect to an eligible cool roof product installed on a low-sloped roof-- 7,a7 #j4be per square foot if such eligible cool roof product has-- 7i7 a minimum #c-year aged solar reflectance of #j4fe and a minimum #c-year-aged thermal emittance of #j4ge2 or 7ii7 a minimum #c-year aged ,solar ,reflectance ,index of #gh2 and 7,b7 #j4ge per square foot if such eligible cool roof product has-- 7i7 a minimum #c-year aged solar reflectance of #j4ge and a minimum #c-year-aged thermal emittance of #j4ge2 or 7ii7 a minimum #c-year aged ,solar ,reflectance ,index of #ib2 and 7#b7 with respect to an eligible cool roof product installed on a steep-sloped roof-- 7,a7 #j4be per square foot if such eligible cool roof product has-- 7i7 a minimum #c-year aged solar reflectance of #j4be and a minimum #c-year-aged thermal emittance of #j4ge2 or 7ii7 a minimum #c-year aged ,solar ,reflectance ,index of #bc2 and 7,b7 #j4ge per square foot if such eligible cool roof product has-- 7i7 a minimum #c-year aged solar reflectance of #j4dj and a minimum #c-year-aged thermal emittance of #j4ge2 or 7ii7 a minimum #c-year aged ,solar ,reflectance ,index of #dc4 7c7 ,combining rebates ,nothing in this section shall be construed to prohibit an eligible household from receiving any other grant1 rebate1 or other financial assistance with respect to the same eligible cool roof product for which a rebate is provided under the program established under subsection 7a74 7d7 ,low-,income and high energy burden households ,in implementing this section1 the ,secretary shall ensure that not less that #dj percent of total incremental energy savings achieved under this program in a given year shall accrue to households that in the determination of the ,secretary are low-income or experience a disproportionately high energy burden4 7e7 ,participation statements ,each ,state and each retail electricity supplier shall publish on an annual basis an impact statement that disaggregates participation under this section by income and demographic characteristics1 savings1 and health outcomes4 7f7 ,termination date ,the program established under subsection 7a7 shall terminate on ,september #cj1 #bjcj4 7g7 ,reporting requirement ,not later than #f months after the program established under subsection 7a7 terminates1 the ,secretary shall submit to ,congress a report describing1 for each program participant-- 7#a7 whether the participant used the rebate to help retrofit an old roof or install a new roof2 7#b7 if the participant retrofitted an old roof1 which older roof product the new eligible cool roof product replaced or covered2 and 7#c7 what eligible cool roof product the participant purchased using the rebate4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for each of fiscal years #bjbf through #bjcj4 7i7 ,definitions ,in this ,act3 7#a7 #c-year aged ,the term #c-year aged means1 with respect to solar reflectance or thermal emittance of an eligible cool roof product1 the solar reflectance or thermal emittance is tested after completing #c years of field exposure1 or tested after laboratory exposure that has replicated the effects of #c years of natural exposure if the eligible cool roof product has begun but not yet completed field exposure1 in accordance with the most recent standard issued by the ,american ,national ,standard ,institute and ,cool ,roof ,rating ,council1 ,s#ajj-bjba4 7#b7 ,eligible cool roof product ,the term eligible cool roof product means a product that has a rating from the ,cool ,roof ,rating ,council4 7#c7 ,eligible household 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term eligible household means an individual or family-- 7i7 residing in a single-family or multi-family building2 7ii7 the total annual income of which is less than #bjj percent of the median income of the ,,zip ,code in which the individual or family resides 7as reported by the ,department of ,housing and ,urban ,development72 and 7iii7 residing in a ,,zip ,code ,tabulation ,area that is in the #geth percentile or higher of the ,heat and ,health ,index of the ,centers for ,disease ,control and ,prevention4 7,b7 ,alaska1 ,hawaii1 and territories ,with respect to an individual or family residing in ,alaska1 ,hawaii1 or a territory of the ,united ,states1 until the date that their respective ,state or territory is added to the ,heat and ,health ,index of the ,centers for ,disease ,control and ,prevention1 the term eligible household means that such individual or family-- 7i7 resides in a single-family or multi-family building2 and 7ii7 has a total annual income that is less than #bjj percent of the median income of the ,,zip ,code in which the individual or family resides 7as reported by the ,department of ,housing and ,urban ,development74 7#d7 ,incident solar flux ,the term incident solar flux means the solar power per unit area that strikes a surface4 7#e7 ,low-sloped roof ,the term low-sloped roof means a roof with a slope 7ratio of rise to run7 of #b3ab or less4 7#f7 ,radiant heat flux ,the term radiant heat flux means the radiant power per unit area4 7#g7 ,reflected solar flux ,the term reflected solar flux means the solar power per unit area reflected from a surface4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#i7 ,solar reflectance ,the term solar reflectance means the ratio of reflected solar flux to the incident solar flux4 7#aj7 ,solar ,reflectance ,index ,the term ,solar ,reflectance ,index means a calculated value that combines solar reflectance with thermal emittance into a single metric1 in accordance with section #b4b4i4 of the ,cool ,roof ,rating ,council's ,roof ,product ,rating ,program ,manual4 7#aa7 ,steep-sloped roof ,the term steep-sloped roof means a roof with a slope 7ratio of rise to run7 greater than #b3ab4 7#ab7 ,thermal emittance ,the term thermal emittance means the ratio of the radiant heat flux emitted by a material tested at a temperature near #cjj kelvin4 #bjd4 ,domestic natural gas price protection 7a7 ,exportation of natural gas 7#a7 ,exportation of natural gas ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended by adding at the end the following3 7g7 ,exportation of natural gas 7#a7 ,order required ,no person shall export any natural gas from the ,united ,states to a foreign country without first having secured an order of the ,secretary of ,energy authorizing it to do so4 ,the ,secretary of ,energy may issue such order upon application only if1 after opportunity for hearing1 the ,secretary of ,energy finds that the proposed exportation will be consistent with the public interest4 ,the ,secretary of ,energy may by its order grant such application1 in whole or in part1 with such modification and upon such terms and conditions as the ,secretary of ,energy may find necessary or appropriate1 and may from time to time1 after opportunity for hearing1 and for good cause shown1 issue such supplemental order for such exportation as it may find necessary or appropriate4 7#b7 ,deadline ,the ,secretary of ,energy shall find whether proposed exportation of natural gas will be consistent with the public interest under paragraph 7#a7 by not later than the date that is #a year after the later of-- 7,a7 the date on which the ,secretary of ,energy receives the final environmental impact statement for such proposed exportation from the ,federal ,energy ,regulatory ,commission2 and 7,b7 the date on which the ,secretary completes each assessment required by paragraph 7#d74 7#c7 ,public interest finding ,the ,secretary of ,energy may find that proposed exportation of natural gas for which an application is submitted under paragraph 7#a7 will be consistent with the public interest under such paragraph only if the ,secretary of ,energy determines1 based on the applicable assessment under paragraph 7#d71 that the proposed exportation of natural gas will not be likely to-- 7,a7 significantly contribute to climate change1 including by slowing the global energy transition needed to achieve deep reductions of global greenhouse gas emissions within the next decade and net-zero global greenhouse gas emissions not later than #bjej2 7,b7 materially increase energy prices or energy price volatility for any segment of ,united ,states consumers2 or 7,c7 create a disproportionate cumulative burden of adverse human or environmental impacts on ,tribes and communities with environmental justice concerns1 including in rural and urban low-income areas4 7#d7 ,assessments 7,a7 ,climate change assessment ,a determination under paragraph 7#c77;,a7 shall be based on an assessment of the expected impact of the proposed exportation of natural gas on climate change4 ,such assessment shall be based on the latest scientific information and use the #bj-year global warming potential of methane1 and shall include-- 7i7 quantified estimates of the greenhouse gas emissions associated with the full lifecycle of the natural gas proposed for exportation1 including emissions associated with the extraction1 transportation1 liquefaction1 storage1 regasification1 and consumption of such natural gas2 7ii7 a comparison of the estimated greenhouse gas emissions in clause 7i7 to a baseline that is consistent with the need to achieve deep reductions of global greenhouse gas emissions within the next decade and deep decarbonization pathways toward net-zero global greenhouse gas emissions not later than #bjej2 7iii7 an assessment of the potential effects of the proposed exportation of natural gas on clean energy alternatives1 including-- 7,i7 any decrease in global investment in and deployment of renewable energy1 electrification1 and energy efficiency and conservation technologies2 and 7,,ii7 any decrease in ,united ,states exports of clean energy technologies2 7iv7 quantified estimates of the social cost of the estimated greenhouse gas emissions in clause 7i72 and 7v7 an identification of the extent to which climate change is accelerating the loss of economic value in the ,united ,states and1 separately1 in other countries1 due to rising sea levels1 more intense storms1 eroding coasts1 increased risk and severity of wildfires1 and other impacts associated with climate change4 7,b7 ,economic assessment ,a determination under paragraph 7#c77;,b7 shall be based on an assessment of the expected economic impact of the proposed exportation of natural gas1 including an assessment of the impact of the proposed exportation on all ,united ,states consumers1 with specific estimates regarding each of the following consumer subgroups3 7i7 ,low-income consumers4 7ii7 ,working families4 7iii7 ,small businesses4 7iv7 ,manufacturers4 7v7 ,state1 ,tribal1 and local governments4 7vi7 ,producers and users of fertilizer4 7vii7 ,facilities with high electricity demand1 including data centers4 7,c7 ,environmental justice assessment ,a determination under paragraph 7#c77;,c7 shall be based on an assessment of the expected impact of the proposed exportation of natural gas on environmental justice 7which shall be consistent with ,executive ,order #adjif 7#db ,u4,s4,c4 #dcba note2 relating to revitalizing our ,nation's commitment to environmental justice for all71 as published ,april #ba1 #bjbc71 including assessments of impacts on-- 7i7 the preexisting cumulative environmental burdens and social and health risks posed to ,tribes and communities with environmental justice concerns1 including in rural and urban low-income areas2 7ii7 local fisheries and the economic livelihood of the people employed by local fisheries2 7iii7 racial and socioeconomic disparities in impacted communities2 and 7iv7 compliance with civil rights laws4 7#e7 ,public participation ,the ,secretary of ,energy shall-- 7,a7 provide to the public an opportunity to meaningfully participate1 including by providing comments1 in-- 7i7 the finding of the ,secretary of ,energy on whether proposed exportation will be consistent with the public interest under paragraph 7#a72 and 7ii7 any study by the ,department of ,energy intended to inform such finding2 and 7,b7 ensure that opportunities to meaningfully participate under subparagraph 7,a7 address barriers that affect members of communities with environmental justice concerns1 including those related to disability1 language access1 and lack of resources4 7#f7 ,major ,federal action ,issuing an order authorizing the exportation of natural gas under this subsection shall be considered a major ,federal action under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 4 7#b7 ,conforming amendments ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking export any natural gas from the ,united ,states to a foreign country or2 7ii7 by inserting to the ,united ,states after from a foreign country2 and 7iii7 by striking exportation or2 and 7,b7 in subsection 7c7-- 7i7 by striking 1 or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas12 and 7ii7 by striking or exportation4 7b7 ,process coordination2 hearings2 rules of procedure ,section #ae7;b77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7b77#a77 is amended by striking ,commission and inserting ,federal ,energy ,regulatory ,commission4 7c7 ,termination of categorical exclusion for approval or disapproval of the exportation of natural gas ,the categorical exclusion under ,b#e4g of appendix ,b to subpart ,d of part #ajba of title #aj1 ,code of ,federal ,regulations 7relating to export of natural gas and associated transportation by marine vessel71 shall have no force or effect4 7d7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy shall1 after public notice and comment1 issue a rule to carry out this ,act and the amendments made by this ,act4 #bje4 ,rural energy savings ,section #fdjg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajg;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking or at the end2 7ii7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7iii7 by inserting after subparagraph 7,b7 the following3 7,c7 any ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 2 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by inserting and grants after ,loans2 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,subject to the requirements of this subsection1 the ,secretary shall provide-- 7,a7 loans to eligible entities that agree to use the loan funds to make loans under subsection 7d7 to qualified consumers for the purpose of implementing energy efficiency measures2 and 7,b7 at the election of any eligible entity that receives a loan under subparagraph 7,a71 a grant in accordance with paragraph 7#aj74 2 7,c7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by inserting for loans after ,requirements2 and 7ii7 in subparagraph 7,a77i71 by striking that is2 7,d7 in paragraph 7#e7-- 7i7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting the clauses appropriately2 7ii7 in the matter preceding clause 7i7 7as so redesignated71 by striking ,with respect to a loan under paragraph 7#a7 and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 with respect to a loan under paragraph 7#a77;,a7 2 and 7iii7 by adding at the end the following3 7,b7 ,extensions ,the ,secretary may extend the term of a loan under subparagraph 7,a77i71 or the deadline for the repayment of an advance under subparagraph 7,a77ii71 as the ,secretary determines to be appropriate4 2 7,e7 in paragraph 7#g7-- 7i7 in subparagraph 7,b71 by striking paragraph 7#a7 and inserting paragraph 7#a77;,a72 and 7ii7 in subparagraph 7,c71 in the matter preceding clause 7i71 by striking ,repayment of the special advance and inserting ,subject to an applicable extension under paragraph 7#e77;,b71 repayment of a special advance under this paragraph2 7,f7 in paragraph 7#h71 by striking paragraph 7#a7 and inserting paragraph 7#a77;,a72 and 7,g7 by adding at the end the following3 7#aj7 ,grants 7,a7 ,in general ,at the election of an eligible entity that receives a loan under this subsection1 the ,secretary shall provide to the eligible entity a grant to pay for a portion of the costs incurred in-- 7i7 applying for the loan2 7ii7 making a loan to a qualified consumer under subsection 7d72 7iii7 making repairs to the property of a qualified consumer that facilitate the energy efficiency measures for the property financed through a loan provided to the qualified consumer under subsection 7d72 7iv7 entering into a contract under subsection 7e72 or 7v7 carrying out any other duties of the eligible entity under this section4 7,b7 ,amount 7i7 ,in general ,except as provided in clause 7ii71 the amount of a grant provided to an eligible entity under this paragraph shall be equal to not more than #e percent of the amount of the loan provided to the eligible entity under this subsection4 7ii7 ,persistent poverty counties ,the amount of a grant provided under this paragraph to an eligible entity that will use the grant to make loans under subsection 7d7 to qualified consumers located in a persistent poverty county 7as determined by the ,secretary7 shall be equal to #aj percent of the amount of the loan provided to the eligible entity under this subsection4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting or grant before funds2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking 7,b7 shall finance and inserting the following3 7,b77i7 may have a term and amortization schedule the length of which is the useful life of the energy efficiency measures implemented using the loan1 provided that the loan to the qualified consumer does not exceed #bj years2 and 7ii7 shall finance 2 and 7,,ii7 in clause 7ii7 7as so designated71 by striking a loan term of not more than #aj years and inserting the applicable loan term described in clause 7i72 7#d7 in subsection 7e7-- 7,a7 in the subsection heading1 by inserting outreach1 after training12 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking and technical assistance of the program and inserting outreach1 and technical assistance relating to the program under this section2 and 7ii7 in subparagraph 7,b77ii71 by inserting 1 outreach1 after technical assistance2 and 7,c7 by adding at the end the following3 7#c7 ,funding ,of the amounts made available under subsection 7i71 the ,secretary may use such sums as are necessary to provide outreach1 training1 and technical assistance under this subsection4 2 and 7#e7 in subsection 7i71 by striking #bjbc and inserting #bjcj4 ,,iii ,unclogging the low-cost1 clean energy bottleneck #cja4 ,expedited generator interconnection 7a7 ,definitions ,in this section3 7#a7 ,advanced transmission technology ,the term advanced transmission technology means any hardware or software that-- 7,a7 increases the capacity1 efficiency1 reliability1 resilience1 or safety of transmission facilities and transmission technologies2 7,b7 is installed in addition to new or existing transmission facilities and transmission technologies-- 7i7 to give operators of the transmission facilities and transmission technologies more situational awareness and control over the electric grid2 7ii7 to make the transmission facilities and transmission technologies more efficient2 or 7iii7 to increase the transfer capacity of the transmission facilities and transmission technologies2 and 7,c7 includes1 but is not limited to1 dynamic line ratings1 advanced conductors1 topology optimization1 advanced power-flow controls1 and other digital or physical systems that increase the usable transfer capability of the grid4 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,energy storage project ,the term energy storage project means-- 7,a7 any equipment that receives1 stores1 and delivers energy-using batteries1 compressed air1 pumped hydropower1 hydrogen storage 7including hydrolysis71 thermal energy storage1 regenerative fuel cells1 flywheels1 capacitors1 superconducting magnets1 or other technologies identified by the ,commission2 and 7,b7 any project for the construction or modification of equipment described in subparagraph 7,a7 as part of an effort to build-out transmission interconnection opportunities4 7#d7 ,generation project ,the term generation project means-- 7,a7 any facility-- 7i7 that generates or injects electricity2 and 7ii7 for which an interconnection request is subject to the jurisdiction of the ,commission2 and 7,b7 any project for the construction or modification of a facility described in subparagraph 7,a74 7#e7 ,interconnection customer ,the term interconnection customer means a person or entity that has submitted an interconnection request4 7#f7 ,interconnection request ,the term interconnection request means a request submitted to a public utility to interconnect a new generation project or energy storage project to the electric system of a public utility for the purposes of transmission of electric energy in interstate commerce or the sale of electric energy at wholesale4 7#g7 ,public utility ,the term public utility has the meaning given the term in section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e774 7#h7 ,transmission facility ,the term transmission facility means a facility that is used for the transmission of electric energy in interstate commerce4 7#i7 ,transmission provider ,the term transmission provider means a public utility that owns1 operates1 or controls #a or more transmission facilities4 7#aj7 ,transmission system ,the term transmission system means a network of transmission facilities used for the transmission of electric energy in interstate commerce4 7b7 ,rulemaking ,to expedite generator interconnection procedures 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall initiate a rulemaking-- 7,a7 to address the inefficiencies and ineffectiveness of existing procedures for processing interconnection requests to ensure that new generation projects and energy storage projects can interconnect quickly1 cost-effectively1 and reliably2 7,b7 to invalidate expedited interconnection processes1 using its section #bjf authority1 that have been adopted in #bjbe or #bjbf and which are not in the pro forma interconnection agreement and which use eligibility criteria that have disproportionately selected natural gas and coal projects in comparison to other projects such as1 wind1 solar and electric battery storage projects2 and 7,c7 to revise the pro forma ,large ,generator ,interconnection ,procedures and1 as appropriate1 the pro forma ,large ,generator ,interconnection ,agreement1 promulgated pursuant to section #ce4bh7;f7 of title #ah1 ,code of ,federal ,regulations 7or successor regulations71 to require transmission providers-- 7i7 to develop and employ modeling assumptions for each resource type based on actual operating abilities and practices1 for the purposes of studying an interconnection request1 provided that the ,commission shall not rely on such modeling assumptions to study projects out of queue priority2 7ii7 to study interconnection requests in a manner consistent with the risk tolerance of the interconnection customer2 7iii7 to establish simplified and standardized study pathways for small-scale or community-based generation projects1 including distributed energy resources and projects serving low-income communities2 7iv7 to select1 as appropriate1 #a or more cost-effective solutions to address network reliability needs that may be identified while studying an interconnection request2 7v7 to provide sufficient information to interconnection customers for the interconnection customers to understand how a transmission provider has implemented the assumptions and solutions described in clauses 7i7 and 7iv72 7vi7 to share and employ1 as appropriate1 queue management best practices1 including with respect to the use of computing technologies1 such as artificial intelligence1 machine learning1 and automation1 as well as standardized study criteria1 in evaluating and processing interconnection requests1 in order to expedite study results with respect to those requests2 and 7vii7 to implement transparency and performance-enhancing measures and requirements that transmission providers consider advanced transmission technologies to ensure timely and cost-conscious construction of necessary network upgrades once an interconnection agreement has been executed4 7#b7 ,deadline for final rule ,not later than #ab months after the date of enactment of this ,act1 the ,commission shall promulgate a final rule to complete the rulemaking initiated under paragraph 7#a74 7#c7 ,deadline for compliance filings ,the ,commission shall require each applicable ,transmission ,provider subject to the final rule issued pursuant to this rulemaking to submit their compliance filings within #fj days of the issuance of the final order1 and the ,commission shall have #fj days thereafter to approve or reject the compliance filing4 ,any subsequent compliance filing thereafter shall be subject to these same timing requirements4 7#d7 ,savings clause ,nothing in this section alters1 or may be construed to alter1 the allocation of costs of the transmission system pursuant to the ratemaking authority of the ,commission under section #bje of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;d74 #cjb4 ,advanced transmission technologies 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,advanced transmission technology ,the term advanced transmission technology means any hardware or software that-- 7,a7 increases the capacity1 efficiency1 reliability1 resilience1 or safety of transmission facilities and transmission technologies2 7,b7 is installed in addition to new or existing transmission facilities and transmission technologies-- 7i7 to give operators of the transmission facilities and transmission technologies more situational awareness and control over the electric grid2 7ii7 to make the transmission facilities and transmission technologies more efficient2 or 7iii7 to increase the transfer capacity of the transmission facilities and transmission technologies2 and 7,c7 includes1 but is not limited to1 dynamic line ratings1 advanced conductors1 topology optimization1 advanced power-flow controls1 and other digital or physical systems that increase the usable transfer capability of the grid4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,shared savings incentive for advanced transmission technologies 7#a7 ,definition of developer ,in this subsection1 the term developer1 with respect to advanced transmission technology1 means the entity that pays to install the advanced transmission technology4 7#b7 ,establishment of shared savings incentive ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall promulgate a final rule to implement section #bai7;b77#c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbds7b77#c77 by providing a shared savings incentive that returns a portion of the savings attributable to an investment in advanced transmission technology to the developer of that advanced transmission technology1 in accordance with this subsection4 ,the ,commission may also establish alternative incentive mechanisms1 including performance-based rate adjustments1 accelerated depreciation1 or return-on-equity adders1 for utilities or transmission owners for which a shared-savings approach is impracticable4 7#c7 ,requirements 7,a7 ,in general ,the ,commission shall determine the percentage of savings attributable to an investment in advanced transmission technology that can be returned to the developer of that advanced transmission technology pursuant to the shared savings incentive established under paragraph 7#b71 subject to the conditions that the percentage-- 7i7 is not less than #aj percent and not more than #be percent2 7ii7 is not determined on a per-project1 per-investment1 or case-by-case basis2 and 7iii7 is applied consistently to all investments in advanced transmission technology eligible for the shared savings incentive1 regardless of the type of advanced transmission technology installed4 7,b7 ,time period for recovery ,the shared savings incentive established under paragraph 7#b7 shall return a percentage1 determined in accordance with subparagraph 7,a71 of the applicable savings to the developer of the applicable advanced transmission technology over a period of #aj years4 7#d7 ,eligibility ,subject to paragraph 7#e71 the shared savings incentive established under paragraph 7#b7 shall apply with respect to-- 7,a7 any developer1 with respect to the investment of that developer in advanced transmission technology that is installed as described in subsection 7a77#b77;,b72 and 7,b7 any advanced transmission technology1 including-- 7i7 advanced transmission technology that relates to new transmission facilities or transmission technologies2 and 7ii7 advanced transmission technology that relates to existing transmission facilities or transmission technologies4 7#e7 ,limitations 7,a7 ,minimum savings 7i7 ,in general ,the shared savings incentive established under paragraph 7#b7 shall apply with respect to an investment in advanced transmission technology only if the expected savings attributable to the investment over the #c-year period described in paragraph 7#c77;,b71 as determined by the ,commission and appropriately adjusted to reflect net present value of the expected savings1 are at least #b times the cost of the investment4 7ii7 ,determination 7,i7 ,in general ,the ,commission shall determine how to quantify the cost of an investment and the expected savings attributable to an investment for purposes of clause 7i74 7,,ii7 ,costs ,for purposes of clause 7i71 the cost of an investment may include any costs associated with the permitting1 installation1 or purchase of the applicable advanced transmission technology4 7,b7 ,already installed advanced transmission technologies ,the shared savings incentive established under paragraph 7#b7 may not be applied with respect to advanced transmission technology that is already installed as of the date of enactment of this ,act4 7,c7 ,consumer protection ,the ,commission shall determine appropriate consumer protections for the shared savings incentive established under paragraph 7#b74 7#f7 ,evaluation and sunset of shared savings incentive 7,a7 ,evaluation ,not earlier than #g years1 and not later than #aj years1 after the shared savings incentive is established under paragraph 7#b71 the ,commission shall-- 7i7 evaluate the necessity and efficacy of the shared savings incentive2 and 7ii7 determine whether to maintain1 revise1 or suspend the shared savings incentive4 7,b7 ,consideration of ,order ,no4 #aibj ,in conducting the evaluation under subparagraph 7,a77i71 the ,commission shall consider-- 7i7 how the shared savings incentive aligns with the requirement that advanced transmission technologies be considered in long-term regional transmission planning under ,order ,no4 #aibj of the ,commission1 entitled ,building for the ,future ,through ,electric ,regional ,transmission ,planning and ,cost ,allocation 7#hi ,fed4 ,reg4 #dibhj 7,june #aa1 #bjbd77 7or a successor order72 7ii7 whether and how the shared savings incentive should be revised to further align with that requirement2 and 7iii7 whether1 in light of that requirement1 the shared savings incentive should be maintained or suspended4 7,c7 ,public comment ,in conducting the evaluation under subparagraph 7,a77i71 the ,commission shall provide an opportunity for public comment1 including by stakeholders4 7c7 ,congestion reporting 7#a7 ,annual reports 7,a7 ,in general ,beginning on the date that is #a year after the effective date of the rule promulgated under paragraph 7#b71 all operators of transmission facilities or transmission technologies shall submit to the ,commission annual reports containing data on the costs associated with congestion management with respect to the transmission facilities or transmission technologies1 including all relevant constraints4 7,b7 ,requirement ,each annual report submitted under subparagraph 7,a7 shall identify-- 7i7 with respect to each reported constraint that caused more than #ejj1jjj in associated costs-- 7,i7 the cause of the constraint1 including physical infrastructure and transient disruptions2 and 7,,ii7 the next limiting element type and its identified rating limit2 and 7ii7 each constraint that will be addressed by planned future upgrades to infrastructure and facilities4 7#b7 ,rulemaking ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall promulgate a final rule establishing a universal metric and protocol for the measuring and reporting of data under paragraph 7#a74 7#c7 ,uses of data 7,a7 ,analyses 7i7 ,in general ,the ,commission and the ,secretary shall each use the data submitted under paragraph 7#a7 to conduct analyses1 as the ,commission or the ,secretary1 as applicable1 determines to be appropriate4 7ii7 ,coordination ,the ,commission and the ,secretary may coordinate with respect to any analyses conducted using the data submitted under paragraph 7#a74 7,b7 ,map ,the ,commission and the ,secretary1 acting jointly1 shall-- 7i7 use the data submitted under paragraph 7#a7 to create a map of costs associated with congestion management in the transmission system2 and 7ii7 update that map not less frequently than once each year4 7#d7 ,publication of data and map ,the ,commission and the ,secretary shall make the data submitted under paragraph 7#a7 and the map described in paragraph 7#c77;,b7 publicly available on the websites of-- 7,a7 the ,commission2 and 7,b7 the ,department of ,energy4 7d7 ,advanced transmission technology application guide 7#a7 ,definition of developer ,in this section1 the term developer means a developer of transmission facilities or transmission technologies1 including a developer of transmission facilities or transmission technologies that pays to install advanced transmission technology with respect to those transmission facilities or transmission technologies4 7#b7 ,establishment of application guide ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish an application guide for utilities and developers seeking to implement advanced transmission technologies4 7#c7 ,updates ,the guide established under paragraph 7#b7 shall be reviewed and updated annually4 7#d7 ,technical assistance 7,a7 ,in general ,on request of a utility or developer using the guide established under paragraph 7#b71 the ,secretary shall provide technical assistance to that utility or developer with respect to the use of advanced transmission technologies for particular applications4 7,b7 ,clearinghouse ,in carrying out subparagraph 7,a71 the ,secretary shall establish a clearinghouse of previously completed advanced transmission technology projects that the ,secretary1 utilities1 and developers may use to identify issues and solutions relating to the use of advanced transmission technologies for particular applications4 7#e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act1 to remain available until expended-- 7,a7 #e1jjj1jjj for fiscal year #bjbf2 and 7,b7 #a1jjj1jjj for each of fiscal years #bjbg through #bjcg4 #cjc4 ,electricity transformers 7a7 ,defense ,production ,act ,there is authorized to be appropriated #b1ajj1jjj1jjj for the ,president1 acting through the ,secretary of ,energy1 under the authority of title ,,iii of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deca et seq471 to expand domestic manufacturing of transformers and grid components1 including amorphous steel1 grain-oriented electrical steel1 flexible transformers1 circuit breakers1 switchgear and substations to serve load and interconnect generation1 and inverters and optimizers to integrate the influx of distributed generators4 7b7 ,strategic ,transformer ,resilience ,program 7#a7 ,definitions ,in this section3 7,a7 ,bulk-power system2 ,electric ,reliability ,organization ,the terms bulk-power system and ,electric ,reliability ,organization have the meanings given those terms in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7,b7 ,independent ,system ,operator2 ,regional ,transmission ,organization2 ,state regulatory authority ,the terms ,independent ,system ,operator1 ,regional ,transmission ,organization1 and ,state regulatory authority have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7,c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#b7 ,strategy and report 7,a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall develop a strategy1 and 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 identifying methods-- 7i7 to ensure that large power transformers1 generator step-up transformers1 power conversion equipment1 grain-oriented electrical steel1 and other critical electric grid equipment is strategically located to ensure timely replacement of that equipment as necessary to rapidly restore operation and proper functioning of the electric grid in the event of severe damage to the electric grid due to physical attack1 cyber attack1 electromagnetic pulses1 geomagnetic disturbances1 severe weather1 climate change1 or seismic events2 and 7ii7 to facilitate the transportation of large power transformers1 generator step-up transformers1 power conversion equipment1 grain-oriented electrical steel1 and other critical electric grid equipment4 7,b7 ,considerations 7i7 ,in general ,in developing the strategy under paragraph 7#a71 the ,secretary shall consider the need for1 and the feasibility of establishing1 #a or more federally owned strategic equipment reserves1 as appropriate1 to ensure nationwide access to large power transformers1 generator step-up transformers1 power conversion equipment1 grain-oriented electrical steel1 and other critical electric grid equipment4 7ii7 ,existing programs ,in carrying out subparagraph 7,a71 the ,secretary may consider existing spare transformer and equipment programs and requirements established by the private sector1 ,regional ,transmission ,organizations1 ,independent ,system ,operators1 and ,state regulatory authorities4 7,c7 ,consultation required ,in carrying out this subsection1 the ,secretary shall consult with-- 7i7 the ,federal ,energy ,regulatory ,commission2 7ii7 the ,electricity ,subsector ,coordinating ,council2 7iii7 the ,electric ,reliability ,organization2 7iv7 manufacturers of large power transformers1 generator step-up transformers1 power conversion equipment1 grain-oriented electrical steel1 and other critical electric grid equipment2 7v7 owners and operators of critical electric infrastructure 7as defined in section #bae;,a7a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;a7772 and 7vi7 owners and operators of military installations 7as defined in section #bhja7;c7 of title #aj1 ,united ,states ,code7 and defense sites 7as defined in section #bgaj7;e7 of that title71 including facilities designated as critical defense facilities under section #bae;,a7c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;c772 7#c7 ,transformer resilience program ,in addition to the strategy developed under subsection 7b71 the ,secretary shall establish a program-- 7,a7 to improve large power transformers1 generator step-up transformers1 power conversion equipment1 grain-oriented electrical steel1 and other critical electric grid equipment by reducing vulnerabilities identified with respect to that equipment2 7,b7 to develop1 test1 and deploy innovative equipment designs1 including modular designs1 that are more flexible and offer greater resiliency with respect to the operation and functioning of the electric grid2 7,c7 to coordinate with industry and manufacturers to standardize large power transformers1 generator step-up transformers1 power conversion equipment1 and other critical electric grid equipment2 7,d7 to monitor and test large power transformers1 generator step-up transformers1 power conversion equipment1 and other critical electric grid equipment that the ,secretary determines may pose a risk to the bulk-power system or national security2 and 7,e7 to facilitate the domestic manufacturing of large power transformers1 generator step-up transformers1 power conversion equipment1 grain-oriented electrical steel1 and other critical electric grid equipment through-- 7i7 the issuance of grants and loans2 and 7ii7 the provision of technical support4 7#d7 ,requirement 7,a7 ,in general ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work carried out1 in whole or in part1 with financial assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code4 7,b7 ,authority ,with respect to the labor standards specified in this subsection1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ge1jjj1jjj for each of fiscal years #bjbf through #bjcj1 to remain available until expended4 #cjd4 ,streamlining permitting of distributed energy 7a7 ,definitions ,in this section3 7#a7 ,authority having jurisdiction ,the term authority having jurisdiction means any ,state1 county1 local1 or ,tribal office or official with jurisdiction-- 7,a7 to issue permits relating to qualifying distributed energy systems2 7,b7 to conduct inspections to enforce the requirements of a relevant code or standard relating to qualifying distributed energy systems2 or 7,c7 to approve the installation of1 or the equipment and materials used in the installation of1 qualifying distributed energy systems4 7#b7 ,qualifying distributed energy system ,the term qualifying distributed energy system means any equipment or materials installed in1 on1 or near a residential building to support onsite or local energy use1 including-- 7,a7 to generate electricity from distributed renewable energy sources1 including from-- 7i7 solar photovoltaic systems or similar solar energy technologies2 and 7ii7 wind power systems2 7,b7 to store and discharge electricity from batteries with a capacity of at least #b kilowatt hours2 7,c7 to charge a plug-in electric drive vehicle at a power rate of at least #b kilowatts2 or 7,d7 to refuel a hydrogen fuel cell electric vehicle4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with trade associations and other entities representing distributed energy system installers and organizations representing ,state1 local1 and ,tribal governments engaged in permitting1 shall carry out a program to further develop1 expand1 and support the adoption of a voluntary streamlined permitting and inspection process for authorities having jurisdiction to use for the permitting of qualifying distributed energy systems4 7c7 ,activities of the program ,in carrying out the program established under subsection 7b71 the ,secretary shall-- 7#a7 further develop and expand an exemplary streamlined permitting process that includes an online permitting platform-- 7,a7 for expediting1 standardizing1 and streamlining permitting2 and 7,b7 that authorities having jurisdiction may voluntarily use to receive1 review1 and approve permit applications relating to qualifying distributed energy systems2 7#b7 establish targets for the adoption of a streamlined1 expedited permitting process by authorities having jurisdiction2 7#c7 provide technical assistance and training directly or indirectly to authorities having jurisdiction on using and adopting the exemplary streamlined permitting process described in paragraph 7#a71 including the adoption of any necessary building codes2 7#d7 develop a voluntary inspection protocol and related tools to expedite1 standardize1 and streamline the inspection of qualifying distributed energy systems1 including-- 7,a7 by investigating the potential for using remote inspections2 7,b7 by investigating the potential for sample-based inspection for distributed energy system installers with a demonstrated track record of high-quality work2 and 7,c7 by investigating opportunities to integrate the voluntary inspection protocol into the online permitting platform described in paragraph 7#a7 and the platforms of government software providers2 and 7#e7 take any other action to expedite1 standardize1 streamline1 or improve the process for permitting1 inspecting1 or interconnecting qualifying distributed energy systems4 7d7 ,support services ,the ,secretary shall-- 7#a7 support the provision of technical assistance to authorities having jurisdiction1 any administrator of the online permitting platform described in subsection 7c77#a71 government software providers1 and any other entity determined appropriate by the ,secretary in carrying out the activities described in subsection 7c72 and 7#b7 provide such financial assistance as the ,secretary determines appropriate from any funds appropriated to carry out this section4 7e7 ,authority having jurisdiction certification program 7#a7 ,in general ,the ,secretary may certify authorities having jurisdiction that implement the exemplary streamlined permitting process described in subsection 7c77#a74 7#b7 ,process ,the ,secretary may confer a certification under paragraph 7#a7 through existing programs within the ,department of ,energy4 7#c7 ,prizes ,the ,secretary may award prizes to authorities having jurisdiction1 using funds appropriated to the ,secretary to carry out this section1 to encourage authorities having jurisdiction to adopt the exemplary streamlined permitting process or the voluntary inspection protocol established under paragraphs 7#a7 and 7#d7 of subsection 7c71 respectively4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bj1jjj1jjj for each of fiscal years #bjbg through #bjcj4 #cje4 ,community solar 7a7 ,establishment of community solar consumer choice program 7#a7 ,in general ,not later than #ab months after the date of enactment of this ,act1 the ,secretary shall establish a program to increase the opportunities for participation in community solar programs by-- 7,a7 individuals1 prioritizing individuals that do not have regular access to onsite solar1 including low- and moderate-income individuals and individuals living in energy communities2 7,b7 businesses2 7,c7 nonprofit organizations2 and 7,d7 ,states and local and ,tribal governments4 7#b7 ,alignment with existing ,federal programs ,the ,secretary shall align the program established under paragraph 7#a7 with existing ,federal programs that serve low-income communities4 7#c7 ,assistance to ,state1 ,tribal1 and local governments ,in carrying out the program established under paragraph 7#a71 the ,secretary shall-- 7,a7 provide technical assistance to eligible entities for projects to increase the number of community solar facilities2 7,b7 assist eligible entities in the development of new and innovative financial and business models that leverage competitive processes in order to serve community solar subscribers2 and 7,c7 use ,national ,laboratories to collect and disseminate data to assist private entities in the financing of1 subscription to1 and operation of community solar programs4 7b7 ,federal ,government participation in community solar programs ,the ,secretary shall1 as the ,secretary determines appropriate1 expand the existing grant1 loan1 and financing programs of the ,department of ,energy to include community solar programs4 7c7 ,establishment of community solar programs 7#a7 ,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#bb7 ,community solar programs 7,a7 ,in general ,each electric utility shall offer a community solar program that provides all ratepayers1 including low-income ratepayers1 equitable and demonstrable access to such community solar program4 ,such programs may include community solar facilities owned or operated by non-utility entities and shall not restrict participation to utility-owned facilities4 7,b7 ,definitions ,for the purposes of this paragraph3 7i7 ,community solar program ,the term community solar program means a service provided to any electric consumer that the electric utility serves through which the value of electricity generated by a community solar facility may be used to reduce total charges billed to the electric consumer4 7ii7 ,community solar facility ,the term community solar facility means a solar photovoltaic system that-- 7,i7 allocates electricity to multiple electric consumers of an electric utility2 7,,ii7 is interconnected with the electric grid2 and 7,,iii7 is located either on or off the property of the electric consumers described in subclause 7,i74 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#i7 7,a7 ,not later than #ab months 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 electric utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#bb7 of section #aaa7;d74 7,b7 ,not later than #bd months 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#bb7 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-- 7i7 by striking subsection 7b77#b7 and inserting subsection 7b72 and 7ii7 by adding at the end the following3 ,in the case of the standard established by paragraph 7#bb7 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#bb744 7,c7 ,prior ,state actions 7i7 ,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 7i7 ,prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#bb7 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 7ii7 ,cross-reference ,section #abd of the ,public ,utility ,regulatory ,policies ,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#bb7 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#bb744 7d7 ,federal contracts for public utility services ,section #eja7;b77#a7 of title #dj1 ,united ,states ,code1 is amended by amending subparagraph 7,b7 to read as follows3 7,b7 ,public utility contracts ,a contract under this paragraph for public utility services may be for a period of not more than #cj years4 4 7e7 ,definitions ,in this section3 7#a7 ,community solar facility2 community solar program ,the terms community solar facility and community solar program have the meaning given such terms in paragraph 7#bb7 of section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d771 as added by subsection 7c7 of this section4 7#b7 ,community solar subscriber ,the term community solar subscriber means an electricity customer that receives or purchases a proportional share of the output of a community solar facility under an ownership1 subscription1 or power purchase arrangement approved by the applicable regulatory authority4 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or political subdivision of a ,state2 7,b7 a unit of local government2 7,c7 an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7,d7 a territory of the ,united ,states2 or 7,e7 an authority1 agency1 or instrumentality of1 or an entity owned by1 #a or more entities described in subparagraphs 7,a7 through 7,d74 7#d7 ,energy community ,the term energy community has the meaning given such term in section #de7;b77#aa7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #de7;b77#aa774 7#e7 ,national ,laboratories ,the term ,national ,laboratories has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #cjf4 ,low-cost1 clean energy in ,united ,states territories 7a7 ,clean energy grant program 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall establish a renewable energy program 7in this section referred to as the program7 under which the ,secretary may award grants to covered entities to facilitate projects1 in territories of the ,united ,states1 described in paragraph 7#c74 7#b7 ,applications ,to be eligible for a grant under the program1 a covered entity shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7#c7 ,grant uses 7,a7 ,in general ,a covered entity receiving a grant under the program may use grant funds for a project1 in a territory of the ,united ,states-- 7i7 to develop or construct a renewable energy system2 7ii7 to carry out an activity to increase energy efficiency or demand flexibility2 7iii7 to develop or construct an energy storage system or device for-- 7,i7 a system developed or constructed under clause 7i72 or 7,,ii7 an activity carried out under clause 7ii72 7iv7 to develop or construct-- 7,i7 a smart grid2 or 7,,ii7 a microgrid2 or 7v7 to train residents of the territory of the ,united ,states to develop1 construct1 maintain1 or operate a renewable energy system4 7,b7 ,limitation ,a covered entity receiving a grant under the program may not use grant funds to develop or construct a facility that generates electricity using energy derived from fossil fuels4 7#d7 ,technical assistance ,the ,secretary of ,energy shall ensure that ,department of ,energy national laboratories offer to provide technical assistance to each covered entity carrying out a project assisted with a grant under the program4 7#e7 ,report ,not later than #b years after the establishment of the program1 and on an annual basis thereafter1 the ,secretary shall submit to ,congress a report containing-- 7,a7 an estimate of the amount of funds disbursed under the program2 7,b7 an estimate of the energy conservation achieved as a result of the program2 7,c7 a description of challenges encountered in implementing projects described in paragraph 7#c77;,a72 7,d7 recommendations as to additional legislative measures to increase the use of renewable energy in territories of the ,united ,states1 as appropriate2 7,e7 recommendations for improving resilience and dependability of projects described in paragraph 7#c77;,a72 7,f7 recommendations for furthering the long-term energy independence of ,u4,s4 territories covered by this program2 and 7,g7 findings regarding the effect of this program on consumer energy prices and how it can be improved to continue lowering those prices4 7#f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 7b7 ,,gao study and report 7#a7 ,in general 7,a7 ,study and report ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7i7 conduct a study regarding renewable energy1 energy efficiency1 and demand flexibility in territories of the ,united ,states2 and 7ii7 submit to ,congress a report containing-- 7,i7 the findings of the study2 and 7,,ii7 related recommendations4 7,b7 ,components ,the study conducted under subparagraph 7,a7 shall consider1 in relation to each territory of the ,united ,states1 the potential-- 7i7 to modify existing electric power systems to use renewable energy sources2 7ii7 to expand the use of microgrids2 and 7iii7 to improve energy resiliency4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #a1ejj1jjj to carry out this section4 7c7 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,covered entity ,the term covered entity means a not-for-profit organization determined eligible by the ,secretary of ,agriculture for purposes of this ,act4 7#b7 ,department of ,energy national laboratories ,the term ,department of ,energy national laboratories has the same meaning as the term ,national ,laboratory under section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#c7 ,microgrid ,the term microgrid means an electric system-- 7,a7 that serves the local community with a power generation and distribution system2 and 7,b7 that has the ability-- 7i7 to disconnect from a traditional electric grid2 and 7ii7 to operate autonomously when disconnected4 7#d7 ,renewable energy2 renewable energy system ,the terms renewable energy and renewable energy system have the meanings given those terms in section #ijja of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haja74 7#e7 ,smart grid ,the term smart grid means an intelligent electric grid that uses digital communications technology1 information systems1 and automation to1 while maintaining high system reliability-- 7,a7 detect and react to local changes in usage2 7,b7 improve system operating efficiency2 and 7,c7 reduce spending costs4 7#f7 ,territory of the ,united ,states ,the term territory of the ,united ,states means the ,commonwealth of ,puerto ,rico1 ,guam1 the ,united ,states ,virgin ,islands1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 ,,iv ,building out a #bast century electricity grid ,a ,amendments to the ,federal ,power ,act #dja4 ,definitions ,section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif7 is amended by adding at the end the following3 7#cj7 ,energy storage project ,the term energy storage project means equipment that receives1 stores1 and delivers energy-using batteries1 compressed air1 pumped hydropower1 hydrogen storage 7including hydrolysis71 thermal energy storage1 regenerative fuel cells1 flywheels1 capacitors1 superconducting magnets1 or other technologies identified by the ,secretary of ,energy4 7#ca7 ,generating facility ,the term generating facility means any facility that generates electricity4 7#cb7 ,generator tie line ,the term generator tie line means a dedicated transmission line that is used to transmit power from a generating facility or an energy storage project to a transmission facility or a transmission system4 7#cc7 ,greenhouse gas ,the term greenhouse gas includes each of the following3 7,a7 ,carbon dioxide4 7,b7 ,methane4 7,c7 ,nitrous oxide4 7,d7 ,sulfur hexafluoride4 7,e7 ,any hydrofluorocarbon4 7,f7 ,any perfluorocarbon4 7,g7 ,nitrogen trifluoride4 7,h7 ,any fully fluorinated linear1 branched1 or cyclic-- 7i7 alkane2 7ii7 ether2 7iii7 tertiary amine2 or 7iv7 aminoether4 7,i7 ,any perfluoropolyether4 7,j7 ,any hydrofluoropolyether4 7,k7 ,any other fluorocarbon1 except for a fluorocarbon with a vapor pressure of less than #a mm of ,hg absolute at #be degrees ,celsius4 7#cd7 ,advanced transmission technology ,the term advanced transmission technology means any hardware or software that-- 7,a7 increases the capacity1 efficiency1 reliability1 resilience1 or safety of transmission facilities and transmission technologies2 7,b7 is installed in addition to new or existing transmission facilities and transmission technologies-- 7i7 to give operators of the transmission facilities and transmission technologies more situational awareness and control over the electric grid2 7ii7 to make the transmission facilities and transmission technologies more efficient2 or 7iii7 to increase the transfer capacity of the transmission facilities and transmission technologies2 and 7,c7 includes1 but is not limited to1 dynamic line ratings1 advanced conductors1 topology optimization1 advanced power-flow controls1 and other digital or physical systems that increase the usable transfer capability of the grid4 7#ce7 ,interconnection customer ,the term interconnection customer means an entity1 or any affiliates or subsidiaries of an entity1 that proposes to interconnect a generating facility or an energy storage project to a transmission facility or transmission system4 7#cf7 ,transmission benefits ,the term transmission benefits means the broad range of economic1 operational1 safety1 resilience1 public policy1 and environmental benefits 7as assessed by the ,commission in accordance with section #bbd7;e77 and other reasonably anticipated benefits of constructing1 modifying1 or operating a transmission facility1 including-- 7,a7 improved reliability2 7,b7 improved resilience2 7,c7 improved safety2 7,d7 reduced congestion2 7,e7 reduced power losses2 7,f7 greater carrying capacity2 7,g7 reduced operating reserve requirements2 7,h7 improved access to lower-cost electricity generation2 7,i7 improved access to electricity generating facilities with no direct emissions of greenhouse gases2 7,j7 improved public health from the closure of electricity generation facilities that emit harmful pollution2 7,k7 increased competition and market liquidity in electricity markets2 7,l7 improved energy resilience and resilience of ,department of ,defense installations2 7,m7 improved ability to integrate new sources of electrical demand2 and 7,n7 other potential benefits of increasing the interconnectedness of the electric grid4 7#cg7 ,network upgrade ,the term network upgrade means-- 7,a7 any addition to or expansion of any transmission facility or transmission system2 7,b7 the construction of a new transmission facility that will become part of a transmission system2 7,c7 the addition of an energy storage project to a transmission facility or a transmission system2 or 7,d7 any construction1 deployment1 or addition of an advanced transmission technology to a transmission facility or a transmission system that eliminates or reduces the need to carry out any of the activities described in subparagraphs 7,a7 through 7,c74 7#ch7 ,participant funding ,the term participant funding means any cost allocation method under which an interconnection customer is required to pay1 without reimbursement1 all or a disproportionate amount of the costs of a network upgrade that is determined by the ,commission to be necessary to ensure the reliable interconnection of the interconnection customer's generating facility or energy storage project4 7#ci7 ,transmission planning region ,the term transmission planning region means-- 7,a7 when used in a geographical sense1 a region for which the ,commission determines that electric transmission planning is appropriate1 such as a region established in accordance with ,order ,no4 #ajjj of the ,commission1 entitled #8,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities' 7#gf ,fed4 ,reg4 #dihdb 7,august #aa1 #bjaa772 and 7,b7 when used in a corporate sense1 means the ,transmission ,organization or other entity responsible for planning or operating electric transmission facilities within a region described in subparagraph 7,a74 7#dj7 ,transmission system ,for purposes of sections #bbd and #bbg1 the term transmission system means a network of transmission facilities used for the transmission of electric energy in interstate commerce4 4 #djb4 ,interregional electric transmission planning ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding at the end the following3 #bbd4 ,improving interregional electric transmission planning 7a7 ,in general ,not later than #f months after the date of enactment of this section1 the ,commission shall issue regulations that require each pair or grouping of neighboring transmission planning regions to jointly develop and file with the ,commission a process by which they will develop an interregional transmission plan to identify and to facilitate the construction or upgrade of onshore and offshore electric transmission facilities that are efficient1 cost-effective1 and broadly beneficial4 ,such process must address the considerations in subsection 7b7 and be filed within #f months after the regulations required by this paragraph are finalized4 ,such process must require development of an interregional transmission plan within at least #c years of the promulgation of the regulations and that a new plan be developed at least every #c years thereafter1 in alignment with long-term regional transmission plans developed under ,orders #aibj and #aibj-;,a 7#hi ,fed4 ,reg4 #dibhj and #hi ,fed4 ,reg4 #igagd74 7b7 ,considerations ,in determining the requirements for a process described in subsection 7a71 the ,commission shall require that such process advance-- 7#a7 the development of transmission systems that can operate for a minimum of #bj years and across a wide range of scenarios1 including scenarios that take into account-- 7,a7 ,federal1 ,state1 and local laws and regulations1 and other factors that affect electricity demand and the current and future generation resource mix2 7,b7 trends in technology and fuel costs2 7,c7 the retirement of generation facilities1 energy storage projects1 and transmission facilities2 7,d7 generator interconnection requests and withdrawals2 and 7,e7 extreme weather events1 including in anticipation of how the frequency and intensity of these events are projected to change over the planning period due to climate change2 7#b7 the public interest2 7#c7 the integrity of electricity markets2 7#d7 the protection of consumers2 7#e7 the optimization of transmission benefits2 7#f7 the need for an individual interregional transmission project to secure approvals based on a comprehensive assessment of the multiple benefits provided2 7#g7 the importance of synchronization of planning processes in neighboring transmission planning regions1 such as using a joint model on a consistent timeline with a single set of needs1 input assumptions1 and benefit metrics2 7#h7 the need for an individual interregional transmission project that is identified in the interregional transmission plan of a pair of transmission planning regions not to be subject to any subsequent planning process by other transmission planning regions2 7#i7 that evaluation of long-term scenarios should align with the expected life of an element of a transmission system2 7#aj7 that a pair of transmission planning regions should allow for the identification and joint evaluation of alternatives proposed by stakeholders1 and ensure meaningful opportunities for ,states1 ,tribes1 consumer advocates1 labor organizations1 and environmental justice communities to participate2 7#aa7 the need to eliminate arbitrary project voltage1 size1 or cost requirements for transmission projects2 7#ab7 the applicability of a broad range of alternatives to the construction of transmission facilities1 including advanced transmission technologies1 demand side flexibility1 distributed storage1 load management1 dynamic line rating1 and power flow control2 and 7#ac7 the use of data and analyses provided by the ,secretary of ,energy1 including as provided by the ,national ,laboratories1 regarding any of the items described in paragraphs 7#a7 through 7#ab74 7c7 ,report ,not later than #ab months after the issuance of regulations under subsection 7a7 and annually thereafter1 the ,commission shall publish in the ,federal ,register a report on the progress by each pair of transmission planning regions in identifying and facilitating the construction of interregional electric transmission projects1 including a description of the transmission benefits associated with such projects4 7d7 ,environmental benefits ,in assessing the environmental benefits associated with any activity undertaken pursuant to this ,act1 the ,commission may use any relevant analysis or other information conducted or provided by the ,council on ,environmental ,quality and the ,environmental ,protection ,agency4 4 #djc4 ,allocation of costs of electric transmission facilities of national significance ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is further amended by adding at the end the following3 #bbe4 ,allocation of costs of transmission facilities of national significance 7a7 ,allocation of costs 7#a7 ,in general ,any transmitting utility that owns1 controls1 or operates a transmission facility of national significance1 or proposes to own1 control1 or operate a transmission facility of national significance1 may file a tariff with the ,commission in accordance with section #bje allocating the costs of constructing1 modifying1 and operating such transmission facility of national significance in accordance with paragraph 7#b74 7#b7 ,cost allocation principle ,the ,commission shall require that any tariff described in paragraph 7#a7 allocate the cost to construct1 modify1 and operate a transmission facility of national significance to customers within the applicable transmission planning region or regions in a manner that is roughly commensurate with the reasonably anticipated transmission benefits4 ,additionally1 the ,commission shall require that any proposed calculation of reasonably anticipated transmission benefits make the assumptions and calculations behind such calculation public and included in any tariff described in paragraph 7#a74 7#c7 ,commission authority ,if the ,commission determines that no tariff filed under paragraph 7#a7 provides for a just1 reasonable1 and not unduly discriminatory allocation of costs for a transmission facility of national significance1 the ,commission may1 after notice and opportunity for hearing1 establish or modify such allocation under section #bjf1 provided1 however1 that nothing in this section shall prevent a transmitting utility from recovering such costs through voluntary agreement with its customers4 7b7 ,definition of transmission facility of national significance ,in this section1 the term transmission facility of national significance means-- 7#a7 an interstate or interregional electric power transmission line 7and any facilities necessary for the operation of such electric power transmission line7-- 7,a7 that has a transmission capacity of not less than #a1jjj megawatts2 and 7,b7 the construction of which is completed on or after the date of enactment of this section2 7#b7 an electric power transmission line or network1 located in whole or in part offshore 7including any radial1 meshed1 or shared facilities necessary for its operation71 the construction of which is completed on or after the date of enactment of this section2 or 7#c7 an expansion of1 or upgrade to1 an interstate electric power transmission line 7and any facilities necessary for the operation of such electric power transmission line7 that-- 7,a7 increases the transmission capacity of such electric power transmission line by at least #ejj megawatts2 and 7,b7 the construction of which is completed on or after the date of enactment of this section4 7c7 ,savings provision ,this section does not affect the authority of the ,commission to approve the allocation of costs of transmission facilities other than transmission facilities of national significance4 4 #djd4 ,minimum interregional transfer capability ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is further amended by adding at the end the following3 #bbf4 ,protecting electricity reliability by improving interregional transfer capability 7a7 ,rulemaking ,notwithstanding the requirements of section #cbb of the ,fiscal ,responsibility ,act 7,public ,law #aah-e71 not later than #bd months after the date of enactment of the ,energy ,bills ,relief ,act1 the ,commission shall1 pursuant to section #bjf1 issue regulations that establish requirements for minimum transfer capability1 as described under subsection 7b71 between transmission planning regions4 7b7 ,minimum transfer capability ,the aggregate minimum interregional transfer capability for each transmission planning region and its neighboring transmission planning region shall be not less than #cj percent of its own peak electricity demand1 or in the case of a transmission planning region that borders only #a other transmission planning region1 not less than #ae percent of its own peak electricity demand1 unless the ,commission finds1 upon a showing by a transmission planning region1 that a lower transfer capability can achieve the same or greater transmission benefits4 7c7 ,report ,not later than #e years after the date of enactment of this section and every #e years thereafter1 the ,commission shall report to ,congress on the status of interregional transfer capability1 including on risks to reliability associated with a lack of interregional transfer capability4 4 #dje4 ,increased ,,ferc transmission siting authority 7a7 ,in general ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is further amended by adding at the end the following3 #bbg4 ,siting of certain interstate electric transmission facilities 7a7 ,certificate of public convenience and necessity 7#a7 ,in general ,on receipt of an application under subsection 7b77#a7 relating to a transmission facility of national significance described in paragraph 7#b71 the ,commission1 after making the finding described in paragraph 7#c7 with respect to such transmission facility of national significance1 shall1 by order which is published in the ,federal ,register1 issue to the person who submitted such application a certificate of public convenience and necessity for the construction1 modification1 or operation of such transmission facility of national significance1 subject to such reasonable terms and conditions as the ,commission determines to be appropriate4 7#b7 ,transmission facility of national significance described ,a transmission facility of national significance referred to in paragraph 7#a7 is an interstate or interregional electric power transmission line 7and any facilities necessary for the operation of such electric power transmission line7-- 7,a7 that has a transmission capacity of not less than #a1jjj megawatts2 and 7,b7 the construction of which is completed on or after the date of enactment of this section4 7#c7 ,finding described ,the finding referred to in paragraph 7#a7 is a finding that-- 7,a7 the applicant for a certificate of public convenience and necessity is able and willing-- 7i7 to carry out the activities and perform the services proposed in the application in a manner determined to be appropriate by the ,commission2 and 7ii7 to achieve compliance with the applicable requirements of-- 7,i7 this part2 and 7,,ii7 any rules and regulations promulgated by the ,commission pursuant to this part2 7,b7 the transmission facility of national significance to be constructed1 modified1 or operated under the certificate of public convenience and necessity will-- 7i7 be interstate or interregional2 7ii7 be used for the transmission of electric energy in interstate commerce2 and 7iii7 have a transmission capacity of not less than #a1jjj megawatts4 7#d7 ,rulemaking ,not later than #ah months after the date of enactment of this section1 the ,commission shall issue regulations specifying-- 7,a7 a pre-filing process during which a person described in subsection 7b77#a7 and the ,commission shall consult with-- 7i7 the ,state commission for each ,state through which the applicable transmission facility of national significance will traverse2 7ii7 appropriate ,federal agencies2 7iii7 each ,indian ,tribe that may be affected by the proposed project to construct1 modify1 or operate a transmission facility of national significance2 and 7iv7 the appropriate ,transmission ,organization2 7,b7 the form of1 and information to be contained in1 an application submitted under subsection 7b77#a72 7,c7 requirements for determining whether the applicable transmission facility of national significance will-- 7i7 traverse not fewer than #b ,states2 7ii7 be used for the transmission of electric energy in interstate commerce2 and 7iii7 have a power capacity of not less than #a1jjj megawatts2 7,d7 criteria for determining the reasonable and economical use of-- 7i7 existing rights-of-way2 and 7ii7 the transmission capabilities of existing towers or structures2 7,e7 the manner in which an application submitted under subsection 7b77#a7 shall be considered1 which1 to the extent practicable1 shall be consistent with ,state statutory and regulatory policies concerning generation and retail sales of electricity in the ,states in which the electric energy transmitted by the transmission facility of national significance will be generated or sold2 and 7,f7 the manner in which the ,commission will consider the needs of communities that will be impacted directly by the applicable transmission facility of national significance1 including how any impacts of the transmission facility of national significance could be mitigated or offset4 7#e7 ,publication1 public comment1 and hearings for certain notice of intent and draft environmental impact statements 7,a7 ,publication ,the ,commission shall publish in the ,federal ,register a notice of intent to prepare an environmental document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to an application for a certificate of public convenience and necessity that has been submitted under subsection 7b77#a74 7,b7 ,public comment ,the ,commission shall provide not less than #fj days for public comment on each notice of intent and draft environmental impact statement published under subparagraph 7,a74 7,c7 ,hearing ,the ,commission shall provide to the individuals and entities described in paragraph 7#f77;,b7 a reasonable opportunity for presentation1 in at least #a public hearing1 of any views and recommendations on each notice of intent and each draft environmental impact statement published under subparagraph 7,a74 ,the ,commission shall publish in the ,federal ,register notice of any hearing held under this subparagraph4 7#f7 ,notice and opportunity for a hearing on applications 7,a7 ,in general ,in any proceeding before the ,commission to consider an application for a certificate of public convenience and necessity under this section1 the ,commission shall-- 7i7 publish a notice of the application in the ,federal ,register2 7ii7 provide written notice of such application to all affected landowners in accordance with subsection 7c72 and 7iii7 provide to the individuals and entities described in subparagraph 7,b7 a notice and reasonable opportunity for the presentation in at least #a public hearing of any views and recommendations with respect to the need for1 and impact of1 the construction1 modification1 or operation of the transmission facility of national significance proposed to be constructed1 modified1 or operated under the certificate4 7,b7 ,individuals and entities described ,the individuals and entities referred to in subparagraph 7,a7 are-- 7i7 an agency1 selected by the ,governor 7or equivalent official7 of the applicable ,state1 of each ,state in which the transmission facility of national significance proposed to be constructed1 modified1 or operated under the applicable certificate of public convenience and necessity is or will be located2 7ii7 each affected landowner2 and 7iii7 as determined by the ,commission-- 7,i7 each affected ,federal agency2 and 7,,ii7 each ,indian ,tribe that may be affected by the proposed construction1 modification1 or operation4 7,c7 ,prohibition ,the ,commission may not-- 7i7 require an applicant for a certificate of public convenience and necessity under this section to provide any notice required under this section2 or 7ii7 enter into a contract to provide any notice required under this section with-- 7,i7 the applicant for the applicable certificate of public convenience and necessity2 or 7,,ii7 any other person that has a financial interest in the project proposed in the application for such certificate4 7b7 ,applications 7#a7 ,in general ,a person desiring a certificate of public convenience and necessity under this section shall submit to the ,commission an application at such time1 in such manner1 and containing such information as the ,commission may require4 7#b7 ,requirement ,an application submitted to the ,commission under paragraph 7#a7 shall include all information necessary for the ,commission to make the finding described in subsection 7a77#c74 7c7 ,notice to affected landowners 7#a7 ,in general ,the ,commission shall provide written notice of an application submitted under subsection 7b77#a7 to all affected landowners with respect to the transmission facility of national significance for which such application was submitted in accordance with this subsection4 7#b7 ,requirements ,any notice provided to an affected landowner under paragraph 7#a7 shall include the following3 7,a7 ,the following statement in #ad-point bold typeface3 8 #8,the name of applicant has proposed building power lines that will cross your property1 and may also require building transmission towers on your property4 ,if the ,federal ,energy ,regulatory ,commission approves applicant's proposed project1 then applicant may have the right to build transmission towers on1 and power lines over1 your property1 or use your property to construct the proposed project1 subject to paying you just compensation for the loss of your property4 8 #8,if you want to raise objections to1 offer support for1 or otherwise comment on this1 or otherwise comment on this project1 you can do so by submitting written comments to the ,federal ,energy ,regulatory ,commission ,docket ,no4 4 ,you can do this electronically or by mail4 ,to do so electronically to be inserted by the ,commission4 ,to do so by mail to be inserted by the ,commission4'4 7,b7 ,a description of the proposed project to construct1 modify1 or operate a transmission facility of national significance1 including-- 7i7 the location of the proposed project 7including a general location map72 7ii7 the purpose of the proposed project2 and 7iii7 the timing of the proposed project4 7,c7 ,the name of1 and the location in the docket of the ,commission at which may be found1 each submission by the applicant to the ,commission relating to the proposed project4 7,d7 ,a general description of what the applicant will need from the landowner if the proposed project is approved1 including the activities the applicant may undertake and the facilities that the applicant may seek to construct on the property of the landowner4 7,e7 ,a description of how the landowner may contact the applicant1 including-- 7i7 a website2 7ii7 an email address2 7iii7 a local or toll-free telephone number2 and 7iv7 the name of a specific person to contact who is knowledgeable about the proposed project4 7,f7 ,a description of how the landowner may contact the ,commission1 including-- 7i7 a website2 7ii7 an email address2 7iii7 a local or toll-free telephone number2 and 7iv7 the name of a specific person to contact who is knowledgeable about the proposed project4 7,g7 ,a summary of the rights that the landowner has-- 7i7 before the ,commission2 and 7ii7 in other proceedings under-- 7,i7 the ,federal ,rules of ,civil ,procedure2 and 7,,ii7 the eminent domain rules of the relevant ,state4 7,h7 ,any other information that the ,commission determines to be appropriate4 7#c7 ,obligation of applicant ,an applicant for a certificate of public convenience and necessity under this section shall submit to the ,commission1 together with the application for the certificate1 the name and address of each affected landowner4 7d7 ,regulatory jurisdiction 7#a7 ,in general ,except as provided in paragraph 7#b7 and notwithstanding section #baf7;i71 no ,state shall regulate any aspect of the siting or permitting of a transmission facility of national significance constructed1 modified1 or operated under a certificate of public convenience and necessity issued under this section4 7#b7 ,savings clause ,nothing in this section affects the rights of ,states under-- 7,a7 the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq472 7,b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7,c7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 or 7,d7 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly known as the ,national ,historic ,preservation ,act74 7#c7 ,tribal consent for certain rights-of-way ,no right-of-way over or across ,tribal land may be granted pursuant to this section unless consent for the right-of-way has been obtained from the proper ,tribal official in a manner consistent with the requirements of section #b of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbd74 7e7 ,judicial review 7#a7 ,in general ,any person aggrieved by an order of the ,commission issued under this section may obtain review of the order in-- 7,a7 the court of appeals of the ,united ,states for any judicial circuit in which the transmission facility of national significance to be constructed1 modified1 or operated under the applicable certificate of public convenience and necessity is or will be located2 or 7,b7 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,petition for review 7,a7 ,in general ,a person may obtain review under paragraph 7#a7 by filing in the applicable court a written petition praying that the order of the ,commission be modified or set aside in whole or in part4 7,b7 ,timing ,a petition under subparagraph 7,a7 shall be filed by not later than #fj days after the date on which the applicable order of the ,commission is published in the ,federal ,register4 7#c7 ,person aggrieved ,notwithstanding any other provision of this ,act1 a person aggrieved by an order of the ,commission issued under this section need not-- 7,a7 have been a party to the proceedings before the ,commission in which that order was issued in order to obtain judicial review of the order under this subsection2 or 7,b7 have requested rehearing before the ,commission prior to seeking judicial review4 7f7 ,right of eminent domain for electric transmission facilities 7#a7 ,in general ,the holder of a certificate of public convenience and necessity may acquire through the exercise of the right of eminent domain in a court described in paragraph 7#b7 any right-of-way1 land1 or other property that is necessary to construct1 modify1 or operate a transmission facility of national significance in accordance with such certificate if the holder has1 in the determination of the ,commission1 made good faith efforts to engage with landowners and other stakeholders early in the permitting process established under this section1 and-- 7,a7 cannot acquire the necessary right-of-way1 land1 or other property by contract2 7,b7 is unable to agree with the owner of the right-of-way1 land1 or other property with respect to the compensation to be paid for that right-of-way1 land1 or other property2 or 7,c7 cannot clear defective title with respect to the right-of-way1 land1 or other property4 7#b7 ,court described ,a court referred to in paragraph 7#a7 is-- 7,a7 the district court of the ,united ,states for the district in which the applicable right-of-way1 land1 or other property is located2 or 7,b7 the appropriate ,state court4 7#c7 ,notice of order issuing certificate ,the holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection with respect to any property covered by the certificate unless the ,commission has first1 in addition to publishing the notice of certificate of public convenience and necessity in the ,federal ,register1 provided all affected landowners with notice of-- 7,a7 the order2 and 7,b7 the procedures for obtaining judicial review of such order under subsection 7e71 including a description of the time period for seeking judicial review under that subsection4 7g7 ,condemnation procedures 7#a7 ,appraisals 7,a7 ,in general ,a holder of1 or applicant for1 a certificate of public convenience and necessity shall have any property that the holder or applicant seeks to acquire through the exercise of the right of eminent domain under subsection 7f7 appraised in accordance with generally accepted appraisal standards by an appraiser selected by the owner of the property1 subject to subparagraph 7,d74 7,b7 ,requirements 7i7 ,costs ,the applicable holder of1 or applicant for1 a certificate of public convenience and necessity shall pay for each appraisal carried out under subparagraph 7,a74 7ii7 ,inspections ,the owner of the applicable property 7or a designated representative of the owner7 shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under subparagraph 7,a74 7,c7 ,timing ,an appraisal under subparagraph 7,a7 shall be carried out before-- 7i7 the holder of1 or applicant for1 the certificate of public convenience and necessity makes an offer of just compensation under paragraph 7#b72 or 7ii7 the holder of the certificate of public convenience and necessity commences an action or proceeding to exercise the right of eminent domain under subsection 7f74 7,d7 ,selection of appraiser ,if the owner of the applicable property does not select an appraiser under subparagraph 7,a7 by the date that is #fj days after the date on which the holder of1 or applicant for1 the applicable certificate of public convenience and necessity requests that the owner do so1 the holder or applicant shall have the right to select the appraiser4 7#b7 ,offers of just compensation 7,a7 ,in general ,any offer of just compensation made to an affected landowner of property that is or will be covered by a certificate of public convenience and necessity-- 7i7 shall be made in writing2 7ii7 may not be for an amount less than the fair market value of the property1 as determined by an appraisal carried out under paragraph 7#a72 and 7iii7 shall include compensation for-- 7,i7 any lost income from the property2 and 7,,ii7 any damages to any other property of the owner4 7,b7 ,timing ,the holder of a certificate of public convenience and necessity may not make an offer of just compensation to an affected landowner until the date that is #cj days after the date on which the ,commission provides a notice to the affected landowner under subsection 7f77#c74 7#c7 ,jurisdictional limitations 7,a7 ,minimum jurisdictional amount ,a district court of the ,united ,states shall only have jurisdiction of an action or proceeding to exercise the right of eminent domain under subsection 7f7 if the amount claimed by the owner of the property to be condemned exceeds #c1jjj4 7,b7 ,tribal land ,a district court of the ,united ,states shall have no jurisdiction to condemn any interest in ,tribal land4 7#d7 ,limitation on condemnation ,in any action or proceeding to exercise the right of eminent domain under subsection 7f71 a court-- 7,a7 may condemn an interest in property only to the extent necessary for the specific facilities described in the applicable certificate of public convenience and necessity2 and 7,b7 may not-- 7i7 condemn any other interest2 or 7ii7 condemn an interest for any purpose not described in that certificate4 7#e7 ,right of possession ,with respect to any action or proceeding to exercise the right of eminent domain under subsection 7f71 an owner of property that is covered by the applicable certificate of public convenience and necessity shall not be required to surrender possession of that property unless the holder of the certificate-- 7,a7 has paid to the owner the award of compensation in the action or proceeding2 or 7,b7 has deposited the amount of that award with the court4 7#f7 ,litigation costs 7,a7 ,in general ,a holder of a certificate of public convenience and necessity that commences an action or proceeding to exercise the right of eminent domain under subsection 7f7 shall be liable to the owner of any property condemned in that proceeding for the costs described in subparagraph 7,b7 if the amount awarded to that owner for the property condemned is more than #abe percent of the amount offered to the owner by the holder before the commencement of that action or proceeding4 7,b7 ,costs described ,the costs referred to in subparagraph 7,a7 are litigation costs incurred for the action or proceeding described in that subparagraph by the owner of the property condemned1 including-- 7i7 reasonable attorney fees2 7ii7 expert witness fees and costs2 and 7iii7 reasonable travel costs to participate in proceedings4 7h7 ,enforcement of conditions 7#a7 ,in general ,an affected landowner the property of which has been acquired by eminent domain under subsection 7f7 shall have the right-- 7,a7 to enforce any condition in the applicable certificate of public convenience and necessity2 and 7,b7 to seek damages for a violation of any condition described in subparagraph 7,a74 7#b7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over any action arising under paragraph 7#a74 7i7 ,other landowner rights and protections 7#a7 ,failure to timely complete projects 7,a7 ,surrender of condemned property 7i7 ,in general ,an individual or entity from which an interest in property is acquired through the exercise of the right of eminent domain under subsection 7f7 by the holder of a certificate of public convenience and necessity that is issued for the construction1 modification1 or operation of a transmission facility of national significance may demand that the holder of the certificate surrender that interest to that individual or entity if-- 7,i7 7aa7 the transmission facility of national significance is not in operation 7as modified1 in the case of a modification of a transmission facility of national significance7 by the date specified in the certificate 7including any modification of the certificate by the ,commission72 and 7bb7 there is no request for the extension of that date pending before the ,commission2 or 7,,ii7 subject to clause 7ii71 the holder of the certificate1 with the approval of the ,commission1 abandons the portion of the transmission facility of national significance that is located on the applicable property relating to that interest4 7ii7 ,requirement ,the ,commission may not approve in a certificate of public convenience and necessity issued under this section or in any subsequent proceeding the abandonment of all or any part of a transmission facility of national significance unless the ,commission requires the holder of the applicable certificate of public convenience and necessity to offer to each individual or entity described in clause 7i7 the option of having the property acquired from that individual or entity as described in that clause restored to the condition that the property was in prior to the issuance of the certificate4 7,b7 ,repayment of condemnation award ,if an individual or entity described in subparagraph 7,a77i7 demands the surrender of an interest under that subparagraph1 the holder of the applicable certificate of public convenience and necessity shall be entitled to repayment of an amount equal to not more than #ej percent of the condemnation award relating to the interest4 7,c7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over any action arising under this paragraph4 7#b7 ,material misrepresentations 7,a7 ,rescission of transaction 7i7 ,in general ,an individual or entity from which an interest in property is acquired through the exercise of the right of eminent domain under subsection 7f7 that proves1 by a preponderance of the evidence1 that the individual or entity has granted a right-of-way or any other property interest based on a material misrepresentation made by or on behalf of an applicant for1 or holder of1 a certificate of public convenience and necessity under this section concerning the transmission facility of national significance to be constructed1 modified1 or operated under the certificate shall have the right to rescind the transaction4 7ii7 ,jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over any action arising under clause 7i74 7,b7 ,civil penalties ,a material misrepresentation made by an applicant for1 or holder of1 a certificate of public convenience and necessity1 or on behalf of such an applicant or holder1 to an affected landowner concerning the transmission facility of national significance to be constructed1 modified1 or operated under the certificate1 shall be considered to be a violation of this part for purposes of section #caf;,a and such applicant or holder shall be assessed a civil penalty by the ,commission in accordance with such section #caf;,a1 except the amount of such civil penalty may not exceed #aj1jjj per affected landowner to whom the misrepresentation was made4 7j7 ,definitions ,in this section3 7#a7 ,affected landowner 7,a7 ,in general ,the term affected landowner includes each owner of a property interest in land or other property described in subparagraph 7,b71 including-- 7i7 the ,federal ,government2 7ii7 a ,state or local government2 and 7iii7 each owner noted in the most recent county or city tax record as receiving the relevant tax notice with respect to that interest4 7,b7 ,land and other property described ,the land or other property described in this subparagraph is any land or other property-- 7i7 that is directly affected by the proposed construction1 modification1 or operation of a transmission facility of national significance1 including all facility sites2 7ii7 that is located within the greater of-- 7,i7 #j4be miles from a proposed facility site for a transmission facility of national significance2 or 7,,ii7 a minimum distance from the proposed transmission facility of national significance as specified by ,state law2 or 7iii7 contains a residence that is within #c1jjj feet of a proposed facility site for a transmission facility of national significance4 7#b7 ,alternating current transmission facility ,the term alternating current transmission facility means a transmission facility that uses alternating current for the bulk transmission of electric energy4 7#c7 ,electric power transmission line ,the term electric power transmission line means1 as applicable-- 7,a7 an alternating current transmission facility2 7,b7 a high-voltage1 direct current transmission facility2 or 7,c7 infrastructure associated with an alternating current transmission facility or a high-voltage1 direct current transmission facility1 including substations and switchyards4 7#d7 ,facility site ,the term facility site includes-- 7,a7 an area covered by a right-of-way2 7,b7 an access road2 7,c7 a contractor yard where equipment and material are stored or where assembly work is conducted2 and 7,d7 any temporary workspace4 7#e7 ,high-voltage1 direct current transmission facility ,the term high-voltage1 direct current transmission facility means a transmission facility that uses direct current for the bulk transmission of electric energy4 7#f7 ,tribal land ,the term ,tribal land has the meaning given the term ,indian land in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 4 7b7 ,conforming changes to the ,federal ,power ,act 7#a7 ,siting of interstate electric transmission facilities ,section #baf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7 is amended-- 7,a7 in subsection 7b77#b71 by inserting 7including transmission of electric energy from the outer ,continental ,shelf to a ,state7 after interstate commerce2 and 7,b7 in subsection 7h7-- 7i7 by amending paragraph 7#b7 to read as follows3 7#b7 ,lead agency ,for the purposes of coordinating all applicable ,federal authorizations and related environmental reviews-- 7,a7 the ,commission shall act as the lead agency in the case of-- 7i7 except as provided in subparagraph 7,b71 a transmission facility of national significance in a national interest electric transmission corridor designated by the ,secretary under subsection 7a72 or 7ii7 a transmission facility of national significance for which an application has been submitted for a certificate of public convenience and necessity under section #bbg2 7,b7 the ,department of the ,interior shall act as the lead agency in the case of a transmission facility of national significance in a national interest electric transmission corridor designated by the ,secretary under subsection 7a7 that is located on a lease1 easement1 or right-of-way granted by the ,secretary of the ,interior under section #h7p77#a77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77;,c772 and 7,c7 the ,department of ,energy shall act as the lead agency in the case of any other transmission facility of national significance4 2 7ii7 in each of paragraphs 7#c71 7#d77;,b71 7#d77;,c71 7#e77;,b71 7#f77;,a71 7#g77;,a71 7#h77;,a77i71 and 7#i71 by striking ,secretary each place it appears and inserting applicable lead agency2 7iii7 in paragraph 7#d77;,a71 by striking ,as head of the lead agency1 the ,secretary and inserting ,the applicable lead agency2 7iv7 in paragraph 7#e77;,a71 by striking ,as lead agency head1 the ,secretary and inserting ,the applicable lead agency2 and 7v7 in paragraph 7#g7-- 7,i7 in subparagraph 7,a71 by striking after the date of enactment of this section and inserting after the date of enactment of the ,energy ,bills ,relief ,act2 and 7,,ii7 in subparagraph 7,b71 by amending clause 7i7 to read as follows3 7i7 ,not later than six months after the date of enactment of the ,energy ,bills ,relief ,act1 the ,secretary1 the ,commission1 and the heads of all ,federal agencies with authority to issue ,federal authorizations shall enter into a memorandum of understanding to ensure the timely and coordinated review and permitting of electric transmission facilities4 4 7#b7 ,transmission infrastructure investment ,section #bai7;b77#d77;,b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbds7b77#d77;,b77 is amended by striking section #baf and inserting sections #baf and #bbg4 #djf4 ,prohibiting expensive1 unjust queue jumping ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is further amended by adding at the end the following3 #bbh4 ,limitation on certain procedures to expedite interconnection requests 7a7 ,limitation ,the ,commission may not establish or authorize a covered procedure unless-- 7#a7 the ,commission finds1 by clear and convincing evidence and in accordance with subsection 7b71 that reliance upon existing procedures for processing interconnection requests would jeopardize the reliable operation of the bulk-power system by failing to address predicted demand for electric energy2 7#b7 such covered procedure-- 7,a7 provides only for a one-time opportunity to submit applications for generators to interconnect with the bulk power system2 7,b7 only allows for the adjustment of a generator interconnection queue to prioritize an interconnection on the basis of the potential for such interconnection to address the continued reliable operation of the bulk-power system1 as determined by the ,commission consistent with subsection 7c72 and 7,c7 does not provide for the prioritization of generating facilities or energy storage systems based upon the means by which the energy is generated or stored1 respectively4 7b7 ,finding requirements ,in making the finding under subsection 7a77#a71 the ,commission shall-- 7#a7 use predictions of growth in the demand for electric energy that are based on the best available data and account for the possibility of duplicative load interconnection requests by customers with high demand for electric energy1 including by averaging such predictions if there is a range2 and 7#b7 account for the energy generation and storage capacity likely to enter commercial operation by using surplus interconnection service and generator replacement or interconnection right transfer processes4 7c7 ,determinations for priority ,to make a determination referred to in subsection 7a77#b77;,b71 the ,commission must determine-- 7#a7 the adjustment of a generator interconnection queue has the demonstrated ability to allow a prioritized energy generating facility or storage system to commence operation prior to the potential unreliable operation of the bulk-power system1 taking into consideration factors such as if such prioritized facility or system-- 7,a7 has signed an engineering agreement2 7,b7 has signed contracts for procurement or construction relating to such prioritized facility or system2 7,c7 has access to any equipment necessary to be procured in advance2 7,d7 has access to any fuel necessary for the operation of such prioritized facility or system2 7,e7 has obtained any necessary permits for the construction or operation of such prioritized facility or system2 and 7,f7 would require extensive construction or modification to relevant electric transmission or distribution infrastructure4 7d7 ,definitions ,in this section3 7#a7 ,bulk-power system2 reliable operation ,the terms bulk-power system and reliable operation have the meanings given those terms in section #bae4 7#b7 ,covered procedure 7,a7 ,except as provided in subparagraph 7,b71 the term covered procedure means a procedure to expedite the study and processing of generator interconnection requests for certain generating facilities or energy storage systems that-- 7i7 previously submitted such a request2 and 7ii7 but for such procedure1 would otherwise be assigned a higher position in the generator interconnection queue4 7,b7 ,the term covered procedure shall not include any procedure to expedite requests for generator interconnection relating to requests for energy-resource interconnection service1 connect-and-manage approaches1 reassigning surplus interconnection service1 or reassigning generator interconnection rights after the retirement of a generating facility or energy storage system4 4 ,b ,tax and grants #daa4 ,transmission investment tax credit 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #dh;,e the following3 #dh;,f4 ,qualifying electric power transmission line credit 7a7 ,allowance of credit ,for purposes of section #df1 the qualifying electric power transmission line credit for any taxable year is an amount equal to #f percent of the qualified investment for such taxable year with respect to any qualifying electric power transmission line property of the taxpayer4 7b7 ,qualified investment 7#a7 ,in general ,for purposes of subsection 7a71 the qualified investment for any taxable year is the basis of any qualifying electric power transmission line property placed in service by the taxpayer during such taxable year4 7#b7 ,certain qualified progress expenditures rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of this section4 7c7 ,qualifying electric power transmission line property ,for purposes of this section1 the term qualifying electric power transmission line property means any overhead1 submarine1 or underground property-- 7#a7 which is a qualifying electric power transmission line that transmits electricity-- 7,a7 across no fewer than #b ,states or not less than #aej continuous miles1 or 7,b7 across the ,outer ,continental ,shelf 7as defined in section #b of the ,outer ,continental ,lands ,act 7#dc ,u4,s4,c4 #acca771 or 7#b7 which is related transmission property4 7d7 ,qualifying electric power transmission line ,for purposes of this section-- 7#a7 ,in general ,the term qualifying electric power transmission line means any applicable new transmission property and any modified existing transmission property4 7#b7 ,applicable new transmission property 7,a7 ,in general ,the term applicable new transmission property means any electric power transmission line which is-- 7i7 originally placed in service after the date of the enactment of this section1 7ii7 primarily used for #a or more purposes described in subparagraph 7,b71 and 7iii7 described in subparagraph 7,c74 7,b7 ,purposes described ,the purposes described in this subparagraph are-- 7i7 enhancing resilience to prepare for1 withstand1 and recover rapidly from disruptions from the impact of weather events1 wildfires1 or natural disasters1 7ii7 addressing clearance concerns1 7iii7 facilitating the interconnection of electric power generation capacity to the bulk-power system 7as defined in section #bae of the ,federal ,power ,act71 or 7iv7 addressing high load needs of #b1jjj ampere and above4 7,c7 ,additional requirements for new transmission property ,an electric power transmission line is described in this subparagraph if-- 7i7 such transmission line-- 7,i7 includes an advanced transmission conductor1 and 7,,ii7 is capable of transmitting electricity at a voltage of not less than #ajj kilovolts1 or 7ii7 such transmission line-- 7,i7 is a superconducting transmission line or is capable of transmitting electricity at a voltage of at least #cde kilovolts1 and 7,,ii7 has a transmission capacity of not less than #gej megawatts or is a transmission line described in subparagraph 7,d74 7,d7 ,multiple transmission lines located in the same right-of-way ,a transmission line is described in this subparagraph if such a transmission line-- 7i7 is co-located in the same right-of-way or adjacent right-of-way as #a or more other overhead1 submarine1 or underground transmission lines1 and 7ii7 together with the other transmission lines described in subparagraph 7,a71 has a transmission capacity of not less than #a1jjj megawatts4 7#c7 ,modified existing transmission property ,the term modified existing transmission property means any electric power transmission line which-- 7,a7 was placed in service before the date of the enactment of this section1 7,b7 is modified after the date of enactment of this ,act in a manner that-- 7i7 increases the transmission capacity of such transmission line by not less than #ejj megawatts1 or 7ii7 includes an advanced transmission conductor that transmits electricity at a voltage of not less than #ajj kilovolts1 and 7,c7 after the completion of such modification1 is an electric power transmission line which satisfies the requirements under subclauses 7ii7 and 7iii7 of paragraph 7#b77;,a74 7#d7 ,advanced transmission conductor ,the term advanced transmission conductor means a transmission conductor technology that uses recently developed technology or materials such as a composite core and such other future advances as determined by the ,secretary1 in consultation with the ,secretary of ,energy4 7#e7 ,superconducting transmission line ,the term superconducting transmission line means a transmission line that conducts all of its current over a super-conducting material4 7e7 ,related transmission property ,for purposes of this section-- 7#a7 ,in general ,the term related transmission property means any of the following3 7,a7 ,transmission property used for interconnection or generator tie-line ,any electric power transmission line which is-- 7i7 placed in service after the date of enactment of this section1 7ii7 primarily used-- 7,i7 as a generator interconnection tie line at an associated facility that extends from the secondary 7high7 side of a generator step-up transformer to the point of interconnection with the host transmission owner from interconnecting new generation resources or facilities to the electric grid1 or 7,,ii7 for network upgrades associated with the interconnection of new generation resources or facilities to the electric grid1 7iii7 primarily used for #a or more purposes described in subsection 7d77#b77;,b71 and 7iv7 capable of transmitting electricity at a voltage of not less than #bcj kilovolts4 7,b7 ,grid enhancing technology ,any grid enhancing technology property used in the operation of the electric power transmission line described in paragraph 7#b7 or 7#c7 of subsection 7d74 7,c7 ,subcomponents ,any conductors or cables1 towers1 insulators1 reactors1 capacitors1 circuit breakers1 static ,,var compensators1 static synchronous compensators1 power converters1 transformers1 synchronous condensers1 braking resistors1 and any ancillary facilities and equipment necessary for the proper operation of the electric power transmission line described in paragraph 7#b7 or 7#c7 of subsection 7d7 or for the proper operation of any property described in subsection 7d77#b74 7#b7 ,grid enhancing technology property ,the term grid enhancing technology property means power flow controls and transmission switching equipment1 storage technology1 and hardware or software that enables dynamic line ratings1 advanced line rating management technologies1 on new or existing transmission property for the purpose of enhancing the capacity1 efficiency1 resiliency1 or reliability of an electric power transmission system and such other similar property determined by the ,secretary1 in consultation with the ,secretary of ,energy4 7f7 ,increased credit amount for certain transmission line property 7#a7 ,in general ,in the case of any qualifying electric power transmission line property which meets the requirements of paragraph 7#b71 the amount of credit determined under subsection 7a7 7determined without regard to this subsection7 shall be equal to such amount multiplied by #e4 7#b7 ,facility requirements ,qualifying electric power transmission line property shall be treated as meeting the requirements of this paragraph if-- 7,a7 the construction of such property meets rules similar to the rules of section #dh7;a77#aj7 7relating to prevailing wage requirements7 and section #de7;b77#h7 7relating to apprenticeship requirements71 or 7,b7 the construction of such property begins before the date that is #fj days after the ,secretary publishes guidance with respect to the requirements under subparagraph 7,a74 7g7 ,termination ,this section shall not apply to any property the construction of which begins after ,december #ca1 #bjce4 4 7b7 ,public utility property ,paragraph 7#b7 of section #ej7;d7 of the ,internal ,revenue ,code is amended-- 7#a7 by striking 7as defined in section #dh7;c77#f77 and inserting 7as defined in section #dh7;c77#f71 except that subparagraph 7,d7 of such section shall not apply7 or any qualifying electric power transmission line property 7as defined by section #dh;,f7c771 and 7#b7 in subparagraph 7,b7-- 7,a7 by inserting or qualifying electric power transmission line property after each energy storage technology1 and 7,b7 by inserting or the qualifying electric power transmission line property after the energy storage technology4 7c7 ,transfer of certain credits ,section #fdah7;f77#a77;,a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7xiii7 ,the qualifying electric power transmission line credit under section #dh;,f4 4 7d7 ,conforming amendments 7#a7 ,section #df of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in paragraph 7#f71 by striking and at the end1 7,b7 in paragraph 7#g71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7#h7 the qualifying electric power transmission line credit4 4 7#b7 ,section #di7;a77#a77;,c7 of such ,code is amended-- 7,a7 in clause 7vii71 by striking and at the end1 7,b7 in clause 7viii71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7ix7 the basis of any qualifying electric power transmission line property under section #dh;,f4 4 7#c7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,e the following new item3 ,sec4 #dh;,f4 ,qualifying electric power transmission line credit4 4 7e7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbe4 #dab4 ,reduced wildfire risks to the grid 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 an electric grid operator2 7,b7 an electricity storage operator2 7,c7 an electricity generator2 7,d7 a transmission owner or operator2 7,e7 a distribution provider2 7,f7 a fuel supplier2 and 7,g7 any other relevant entity1 as determined by the ,secretary4 7#b7 ,power line ,the term power line includes a transmission line or a distribution line1 as applicable4 7#c7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment of program ,not later than days after the date of enactment of this ,act1 the ,secretary shall establish a program under which the ,secretary shall make grants to eligible entities1 ,states1 and ,indian ,tribes in accordance with this section4 7c7 ,grants to eligible entities 7#a7 ,in general ,the ,secretary may make a grant under the program to an eligible entity to carry out activities that-- 7,a7 are supplemental to existing hardening efforts of the eligible entity planned for any given year2 and 7,b7 7i7 reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire2 or 7ii7 increase the ability of the eligible entity to reduce the likelihood and consequences of wildfires4 7#b7 ,application 7,a7 ,in general ,an eligible entity desiring a grant under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,requirement ,as a condition of receiving a grant under the program1 an eligible entity shall submit to the ,secretary1 as part of the application of the eligible entity submitted under subparagraph 7,a71 a report detailing past1 current1 and future efforts by the eligible entity to reduce the likelihood and consequences of wildfires4 7#c7 ,limitation ,the ,secretary may not award a grant to an eligible entity in an amount that is greater than the total amount that the eligible entity has spent in the previous #c years on efforts to reduce the likelihood and consequences of wildfires4 7#d7 ,priority ,in making grants to eligible entities under the program1 the ,secretary shall give priority to projects that1 in the determination of the ,secretary1 will generate the greatest community benefit 7whether rural or urban7 in reducing the likelihood and consequences of wildfires4 7#e7 ,small utilities set aside ,the ,secretary shall ensure that not less than #cj percent of the amounts made available to eligible entities under the program are made available to eligible entities that sell not more than #d1jjj1jjj megawatt hours of electricity per year4 7d7 ,grants to ,states and ,indian ,tribes 7#a7 ,in general ,the ,secretary1 in accordance with this subsection1 may make grants under the program to ,states and ,indian ,tribes1 which each ,state or ,indian ,tribe may use to award grants to eligible entities4 7#b7 ,annual application 7,a7 ,in general ,for each fiscal year1 to be eligible to receive a grant under this subsection1 a ,state or ,indian ,tribe shall submit to the ,secretary an application that includes a plan described in subparagraph 7,b74 7,b7 ,plan required ,a plan prepared by a ,state or ,indian ,tribe for purposes of an application described in subparagraph 7,a7 shall-- 7i7 describe the criteria and methods that will be used by the ,state or ,indian ,tribe to award grants to eligible entities2 7ii7 be adopted after notice and a public hearing2 and 7iii7 describe the proposed funding distributions and recipients of the grants to be provided by the ,state or ,indian ,tribe4 7#c7 ,distribution of funds 7,a7 ,in general ,the ,secretary shall provide grants to ,states and ,indian ,tribes under this subsection based on a formula determined by the ,secretary1 in accordance with subparagraph 7,b74 7,b7 ,requirement ,the formula referred to in subparagraph 7,a7 shall be based on the following factors3 7i7 ,the total population of the ,state or ,indian ,tribe4 7ii7 7,i7 ,the total area of the ,state or the land of the ,indian ,tribe2 or 7,,ii7 the areas in the ,state or on the land of the ,indian ,tribe with a low ratio of electricity customers per mileage of power lines4 7iii7 ,the ,wildfire ,risk ,index score and rating as calculated by the ,federal ,emergency ,management ,agency4 7iv7 ,the probability of wildfires in the ,state or on the land of the ,indian ,tribe during the previous #aj years1 as determined based on the number of federally declared disasters or emergencies related to wildfires in the ,state or on the land of the ,indian ,tribe1 as applicable1 including-- 7,i7 disasters for which ,fire ,management ,assistance ,grants are provided under section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg72 7,,ii7 major disasters declared by the ,president under section #dja of that ,act 7#db ,u4,s4,c4 #eagj72 7,,iii7 emergencies declared by the ,president under section #eja of that ,act 7#db ,u4,s4,c4 #eaia72 and 7,,iv7 any other federally declared disaster or emergency in the ,state or on the land of the ,indian ,tribe4 7v7 ,the number and severity1 measured by population and economic impacts1 of wildfires experienced by the ,state or ,indian ,tribe on or after ,january #a1 #bjae4 7vi7 ,the total amount1 on a per capita basis1 of public and private expenditures during the previous #aj years to carry out mitigation efforts to reduce the likelihood and consequences of wildfires in the ,state or on the land of the ,indian ,tribe1 with ,states or ,indian ,tribes with higher per capita expenditures receiving additional weight or consideration as compared to ,states or ,indian ,tribes with lower per capita expenditures4 7,c7 ,annual update of data used in distribution of funds ,beginning #a year after the date of enactment of this ,act1 the ,secretary shall annually update-- 7i7 all data relating to the factors described in subparagraph 7,b72 and 7ii7 all other data used in distributing grants to ,states and ,indian ,tribes under this subsection4 7#d7 ,oversight ,the ,secretary shall ensure that each grant provided to a ,state or ,indian ,tribe under the program is allocated1 pursuant to the applicable plan of the ,state or ,indian ,tribe1 to eligible entities for projects within the ,state or on the land of the ,indian ,tribe4 7#e7 ,priority ,in making grants to eligible entities using funds made available to the applicable ,state or ,indian ,tribe under the program1 the ,state or ,indian ,tribe shall give priority to projects that1 in the determination of the ,state or ,indian ,tribe1 will generate the greatest community benefit 7whether rural or urban7 in reducing the likelihood and consequences of wildfires4 7#f7 ,small utilities set aside ,a ,state or ,indian ,tribe receiving a grant under the program shall ensure that1 of the amounts made available to eligible entities from funds made available to the ,state or ,indian ,tribe under the program1 the percentage made available to eligible entities that sell not more than #d1jjj1jjj megawatt hours of electricity per year is not less than the percentage of all customers in the ,state or ,indian ,tribe that are served by those eligible entities4 7#g7 ,technical assistance and administrative expenses ,of the amounts made available to a ,state or ,indian ,tribe under the program each fiscal year1 the ,state or ,indian ,tribe may use not more than #e percent for-- 7,a7 providing technical assistance under subsection 7g77#a77;,a72 and 7,b7 administrative expenses associated with the program4 7#h7 ,matching requirement ,each ,state and ,indian ,tribe shall be required to match #ae percent of the amount of each grant provided to the ,state or ,indian ,tribe under the program4 7e7 ,use of grants 7#a7 ,in general ,a grant awarded to an eligible entity under the program may be used for activities1 technologies1 equipment1 and hardening measures to reduce the likelihood and consequences of wildfires1 including-- 7,a7 weatherization technologies and equipment2 7,b7 fire-resistant technologies and fire prevention systems2 7,c7 monitoring and control technologies1 including digital tools2 7,d7 the undergrounding of electrical equipment2 7,e7 utility pole management2 7,f7 the relocation of power lines or the reconductoring of power lines with low-sag1 advanced conductors2 7,g7 vegetation and fuel-load management2 7,h7 the use or construction of distributed energy resources for enhancing system adaptive capacity during wildfires1 including-- 7i7 microgrids2 and 7ii7 battery-storage subcomponents2 7,i7 adaptive protection technologies2 7,j7 advanced modeling technologies2 7,k7 hardening of power lines1 facilities1 substations1 of other systems2 7,l7 the replacement of old overhead conductors and underground cables2 and 7,m7 the removal or replacement of old power lines4 7#b7 ,prohibitions and limitations 7,a7 ,in general ,a grant awarded to an eligible entity under the program may not be used for-- 7i7 construction of a new-- 7,i7 electric generating facility2 or 7,,ii7 large-scale battery-storage facility that is not used for enhancing system adaptive capacity during wildfires2 or 7ii7 cybersecurity4 7,b7 ,certain investments eligible for recovery 7i7 ,in general ,an eligible entity may not seek cost recovery for the portion of the cost of any system1 technology1 or equipment that is funded through a grant awarded under the program4 7ii7 ,savings provision ,nothing in this subparagraph prohibits an eligible entity from recovering through traditional or incentive-based ratemaking any portion of an investment in a system1 technology1 or equipment that is not funded by a grant awarded under the program4 7,c7 ,application limitations ,an eligible entity may not submit an application for a grant provided by the ,secretary under subsection 7c7 and a grant provided by a ,state or ,indian ,tribe pursuant to subsection 7d7 during the same application cycle4 7f7 ,distribution of funding ,of the amounts made available to carry out the program for a fiscal year1 the ,secretary shall ensure that-- 7#a7 #ej percent is used to award grants to eligible entities under subsection 7c72 and 7#b7 #ej percent is used to make grants to ,states and ,indian ,tribes under subsection 7d74 7g7 ,technical and other assistance 7#a7 ,in general ,the ,secretary1 ,states1 and ,indian ,tribes may-- 7,a7 provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of wildfires2 and 7,b7 promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of wildfires4 7#b7 ,use of funds by the secretary ,of the amounts made available to the ,secretary to carry out the program each fiscal year1 the ,secretary may use not more than #e percent for-- 7,a7 providing technical assistance under paragraph 7#a77;,a72 and 7,b7 administrative expenses associated with the program4 7h7 ,matching requirement 7#a7 ,in general ,except as provided in paragraph 7#b71 an eligible entity that receives a grant under this section shall be required to match #ajj percent of the amount of the grant4 7#b7 ,exception for small utilities ,an eligible entity that sells not more than #d1jjj1jjj megawatt hours of electricity per year shall be required to match #a_/c of the amount of the grant4 7i7 ,biennial report to ,congress 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter through1 the ,secretary 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 describing the program4 7#b7 ,requirements ,the report under paragraph 7#a7 shall include information and data on-- 7,a7 the costs of the projects for which grants are awarded to eligible entities2 7,b7 the types of activities1 technologies1 equipment1 and hardening measures funded by those grants2 and 7,c7 the extent to which the ability of the power grid to withstand and reduce the likelihood of wildfires has increased4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #c1jjj1jjj1jjj for the period of fiscal years #bjbf through #bjcj4 7k7 ,continued activities ,the ,secretary shall carry out the program1 in addition to any activities authorized under ,section #djajc of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh74 7l7 ,davis-,bacon ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 or repair work on a project assisted in whole or in part by funds made available under this section 7or any amendment made by this section7 shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act71 and the regulations issued thereunder at #bi ,,cfr ,part #e 7,davis-,bacon and ,related ,acts regulations74 ,compliance with these labor standards shall be a condition of receiving assistance under this section1 and the ,secretary concerned shall require that all contracts and subcontracts include the labor standards clauses prescribed by the ,secretary of ,labor4 ,c ,transmission governance reform #dba4 ,,ferc staffing 7a7 ,ensuring timely review of infrastructure ,section #dja7k7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaga7k77 is amended-- 7#a7 in paragraph 7#a71 by striking subchapter ,,iii of2 7#b7 in paragraph 7#b7-- 7,a7 by striking subparagraph 7,a72 and 7,b7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,a7 through 7,d71 respectively2 and 7#c7 in paragraph 7#f7-- 7,a7 by striking ,the ,chairman and inserting the following3 7,a7 ,in general ,the ,chairman 2 and 7,b7 by adding at the end the following3 7,b7 ,implementation plan ,not later than #ij days after the date of enactment of this subparagraph1 the ,chairman shall submit to the ,director of the ,office of ,personnel ,management a plan to implement this subsection4 ,the ,director of the ,office of ,personnel ,management shall take final action on the plan not later than #abj days after the submission of such plan4 4 7b7 ,direct hire authority ,section #dja of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaga7 is amended by adding at the end the following3 7l7 ,direct hire authority 7#a7 ,in general ,notwithstanding section #ccjd of title #e1 ,united ,states ,code1 and without regard to the provisions of sections #ccji through #ccah of such title #e1 if the ,chairman of the ,commission issues a certification that there is as severe shortage of candidates or a critical hiring need for covered positions to carry out the ,commission's responsibilities and activities1 the ,chairman may1 subject to paragraph 7#c71 recruit and directly appoint highly qualified individuals into the competitive service4 7#b7 ,limitation ,any action authorized pursuant to paragraph 7#a7 shall be consistent with the merit principles of section #bcja of title #e1 ,united ,states ,code1 and the ,commission shall comply with the public notice requirements of section #ccbg of such title #e4 7#c7 ,termination 7,a7 ,in general ,a certification issued or renewed under this subsection shall terminate on the earlier of-- 7i7 the date that is #e years after the certification is issued or renewed2 or 7ii7 the date on which the ,chairman determines that there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the ,commission's responsibilities and activities4 7,b7 ,renewal ,the ,chairman may renew a certification issued or renewed under this subsection for an additional #e-year period if the ,chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the ,commission's responsibilities and activities4 7#d7 ,covered position ,in this subsection1 the term covered position means a position in which an employee is responsible for conducting work of a scientific1 technical1 engineering1 mathematical1 legal1 or otherwise highly specialized or skilled nature4 4 7c7 ,elimination of reporting sunset ,section #aajjd7;b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #gaga note2 ,public ,law #aaf-bfj7 is amended-- 7#a7 in paragraph 7#a71 by striking thereafter for #aj years and inserting thereafter2 and 7#b7 in paragraph 7#b77;,b71 by striking or mathematical and inserting mathematical1 or otherwise highly specialized or skilled4 #dbb4 ,,ferc fee assessments ,section #cdja of the ,omnibus ,budget ,reconciliation ,act of #aihf 7#db ,u4,s4,c4 #gagh7 is amended by adding at the end the following3 7h7 ,review ,not less often than once every #e years1 the ,commission shall undertake a review to determine if the fees and charges it assesses under this section and other laws are sufficient to allow the ,commission to handle its workload in an expedient manner4 4 #dbc4 ,state public utility commission capacity grants 7a7 ,establishment ,not later than #b years following the enactment of this title1 the ,secretary of ,energy shall establish a program under which the ,secretary shall award grants to ,state regulatory authorities to increase the capacity of said authorities to evaluate filings made by utilities related to transmission and integrated resource plans1 including through the hiring of economic modelers1 engineers1 and others with relevant expertise4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,energy such sums as may be necessary to carry out this section4 #dbd4 ,independent transmission monitors 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,commission shall-- 7#a7 require each transmission planning region to establish an independent entity to monitor the planning for1 and operation of1 transmission facilities in the transmission planning region2 or 7#b7 establish an independent entity to monitor the planning for1 and operation of1 transmission facilities in all transmission planning regions4 7b7 ,role of transmission monitor ,an independent entity described in subsection 7a7 shall provide independent analysis of transmission planning and ratemaking processes by the ,commission and ,transmission ,organizations to inform ,commission proceedings1 including by1 as applicable-- 7#a7 reviewing the operation and practices of transmission facilities in the applicable transmission planning region for inefficiency2 7#b7 investigating whether any rate1 charge1 or classification for transmission facilities in the applicable transmission planning region1 or any rule1 regulation1 practice1 or contract affecting such a rate1 charge1 or classification1 is unjust1 unreasonable1 unduly discriminatory or preferential2 7#c7 reviewing the transmission planning process for the applicable transmission planning region1 including processes for planning new and upgraded local transmission projects2 7#d7 reviewing transmission facility costs in the applicable transmission planning region2 7#e7 providing examples and advice to ,transmission ,organizations in the applicable transmission planning region on regional transmission operations1 planning1 and cost-allocation processes2 7#f7 identifying situations in which it is cost-effective or otherwise appropriate to construct or deploy advanced transmission technologies1 demand-side energy efficiency measures1 demand response1 and distributed energy resources1 including rooftop and community solar1 microgrids1 and storage2 7#g7 coordinating and sharing information with ,state regulatory authorities in the applicable transmission planning region2 and 7#h7 identifying reliable data sets and methodologies for use in regional planning and providing access to data to stakeholders4 7c7 ,savings clause ,nothing in this section shall be construed to alter the sole power of the ,commission to1 under sections #bje and #bjf of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;d2 #hbd;e71 determine if any rates1 charges1 or classifications are unjust1 unreasonable1 or unduly discriminatory or preferential4 7d7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,advanced transmission technology2 ,state regulatory authority2 ,transmission ,organization2 transmission planning region ,the terms advanced transmission technology1 ,state regulatory authority1 ,transmission ,organization1 and transmission planning region have the meanings given such terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #dbe4 ,aggregator bidding into organized wholesale electric markets 7a7 ,in general ,notwithstanding any prohibition established by a relevant electric retail regulatory authority with respect to who may bid into an organized wholesale electric market1 each ,transmission ,organization shall1 with respect to the organized wholesale electric market controlled by the ,transmission ,organization1 allow any bid from an aggregator of retail customers that aggregates the demand flexibility of the customers of utilities that distributed more than #d million megawatt-hours in the previous fiscal year4 ,such flexibility may be achieved through demand response1 distributed generation1 distributed storage1 and community-based or municipal aggregation programs4 7b7 ,rulemaking ,not later than #ab months after the date of enactment of this section1 the ,commission shall promulgate a final rule pursuant to subsection 7a74 7c7 ,standard procedures ,each ,transmission ,organization shall establish standardized registration1 telemetry1 and settlement procedures for aggregators of distributed energy resources to ensure non-discriminatory participation and data access4 7d7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,electric retail regulatory authority ,the term electric retail regulatory authority means an entity that establishes retail electricity prices and retail competition policies for customers4 7#c7 ,transmission ,organization ,the term ,transmission ,organization has the meaning given such term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #dbf4 ,,rto and ,,iso governance and participation 7a7 ,technical ,conference ,not later than #abj days after the date of enactment of this section1 the ,federal ,energy ,regulatory ,commission shall convene a technical conference to consider ,regional ,transmission ,organization and ,independent ,system ,operator independence from their members interests1 the responsiveness of ,r,t,os and ,i,s,os to consumers and other stakeholders1 and ways for ,r,t,os and ,i,s,os to increase the equitable treatment of consumers and other stakeholders1 including the effectiveness of stakeholder policies and procedures adopted in compliance with the final rule entitled ,wholesale ,competition in ,regions ,with ,organized ,electric ,markets published in the ,federal ,register on ,october #bh1 #bjjh 7#gc ,fed4 ,reg4 #fdajj74 7b7 ,participation ,the technical conference convened under subsection 7a7 shall be led by members of the ,commission1 and the ,commission shall invite participation from representatives of each ,,rto and ,,iso1 owners and operators of transmission facilities1 representatives of entities that develop advanced transmission technologies1 owners and operators of electric generation facilities that interconnect at either the transmission or distribution system level1 including energy storage1 end-use customers1 electric power marketers1 publicly owned electric utilities1 consumer advocates1 environmental justice advocates1 environmental groups1 ,state public utility commissions1 ,state governors1 and such other stakeholders as the ,commission determines appropriate4 7c7 ,topics ,in conducting the technical conference convened under subsection 7a71 the ,commission shall seek to identify policies and procedures that maintain ,,rto and ,,iso independence1 and enhance the responsiveness of ,r,t,os and ,i,s,os to their customers and other stakeholders1 taking into consideration-- 7#a7 the benefits of greater transparency in ,,rto and ,,iso stakeholder processes1 including access by stakeholders to relevant data and written background materials2 7#b7 barriers to participation in such stakeholder processes for new market participants and other non-incumbent stakeholders2 7#c7 the need for periodic1 independent review of ,,rto and ,,iso stakeholder policies and procedures2 7#d7 power imbalances between incumbent and non-incumbent stakeholders1 including whether current ,,rto and ,,iso membership rules1 sectoral designations1 and voting procedures allow for adequate representation of all stakeholder views2 7#e7 how ,r,t,os and ,i,s,os should take ,state public policy objectives into consideration as part of such stakeholder processes2 7#f7 whether existing ,,rto and ,,iso decision-making processes are sufficiently independent from the control of any market participant or class of participants2 7#g7 the role of the ,office of ,public ,participation of the ,commission in facilitating greater stakeholder participation in ,r,t,os and ,i,s,os2 and 7#h7 such other subjects as the ,commission considers appropriate4 7d7 ,public comment ,the ,commission shall provide an opportunity for public comment on the technical conference convened under subsection 7a74 7e7 ,rulemaking ,not later than #ah months after the conclusion of the technical conference convened under subsection 7a71 and after public notice and comment1 the ,commission shall promulgate a final rule adopting such policies and procedures as the ,commission determines necessary to maintain the independence of ,r,t,os and ,i,s,os1 and to enhance the transparency and responsiveness of ,r,t,os and ,i,s,os to their customers and other stakeholders4 7f7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,federal ,power ,act definitions ,the terms electric utility1 ,independent ,system ,operator1 ,,iso1 ,regional ,transmission ,organization1 ,,rto1 and ,state commission have the meanings given such terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #dbg4 ,modernized grid data and analytics 7a7 ,modernization of reporting information and data under the ,federal ,power ,act 7#a7 ,in general ,the ,commission shall1 by rule1 standardize the manner in which information and data is reported by transmitting utilities and ,transmission ,organizations to the ,commission under the ,federal ,power ,act 7#af ,u4,s4,c4 #igb et seq47 in accordance with this subsection4 7#b7 ,content of reports requirements ,in carrying out paragraph 7#a71 the ,commission shall require the information and data that will be reported1 as it applies to projects1 existing assets1 or systems owned or operated by a transmitting utility or ,transmission ,organization1 to include the following3 7,a7 ,information and data relating to a project and the lifecycle of such project1 including-- 7i7 project milestones1 including proposed1 approved1 and actual in-service dates2 7ii7 project classification information1 including whether the project represents new construction1 an upgrade1 or a rebuild of existing infrastructure2 7iii7 major development history1 including original construction and last major upgrade dates2 7iv7 the location of any applicable project2 7v7 the project nameplate capacity1 length1 voltage1 and conductor material and specifications2 and 7vi7 an identification of the applicable planning process through which the applicable project originated4 7,b7 ,the costs and economic justifications of a project1 existing asset1 or system owned or operated by a transmitting utility or ,transmission ,organization1 as applicable1 including-- 7i7 original projected and actual final costs of all new projects2 7ii7 original projected and actual final costs of renewals and replacements of project works2 7iii7 original projected and actual maintenance and operations expenses of the projects and existing assets on a current-year and five-year rolling average basis2 7iv7 cost allocation shares where applicable1 including identification of entities responsible for shared investments in projects2 7v7 cost-benefit analyses of projects2 7vi7 whether the project was subject to a competitive solicitation process and1 if applicable1 the outcome of that process2 and 7vii7 classification of the project based on benefits provided1 under the relevant transmission planning framework4 7,c7 ,the capital structure and the rate of return of a project1 existing asset1 or system owned or operated by a transmitting utility or ,transmission ,organization1 including-- 7i7 the allowed return on equity 7,,roe71 return on debt1 and return on preferred stock2 7ii7 the utility's authorized or actual capital structure1 including the percentage of debt1 equity1 and preferred stock used in ratemaking2 7iii7 the resulting overall weighted average rate of return2 7iv7 any ,,ferc-approved incentive adders applied to the base ,,roe1 including rationale and duration2 and 7v7 where applicable1 information necessary to assess potential double leveraging effects arising from a holding company structure1 as defined by the ,commission4 7,d7 ,for information and data relating to a system owned or operated by a transmitting utility or ,transmission ,organization1 as applicable1 congestion-related costs or the costs incurred by ratepayers1 power supplies1 or distribution customers as a result of transmission system constraints that prevent the dispatch of least-cost generation resources4 7,e7 ,technical and non-technical losses and inefficiencies4 7,f7 ,a complete accounting of interconnection-related costs incurred by interconnection customers1 transmitting utilities1 or other entities1 disaggregated by cost type and responsible party1 including-- 7i7 study fees2 7ii7 milestones or reservation payments2 7iii7 costs of local interconnection attachment facilities2 7iv7 grid network upgrade costs2 and 7v7 estimates of costs to a larger system4 7,g7 ,the projected and actual capacity and load of a system owned or operated by a transmitting utility or ,transmission ,organization and the projected and actual amount of energy delivered by such system4 7,h7 ,information and data on the use of capital-efficient advanced technologies1 including information on-- 7i7 hourly usage2 7ii7 the location of the technologies2 and 7iii7 the types of technologies deployed4 7,i7 ,any additional metrics the ,commission determines necessary to improve ratepayer affordability and understanding of the transmission sector4 7#c7 ,content of interconnection reports ,in carrying out paragraph 7#a71 the ,commission shall require a transmitting utility or ,transmission ,organization to report1 no less than quarterly1 to the ,commission information and data on interconnection queues and details relating to interconnection study models used4 ,data reported under this paragraph shall include both historical and real time information to allow trend analysis and retrospective validation of study timelines4 7#d7 ,format of reports 7,a7 ,in general ,pursuant to paragraph 7#a71 the ,commission shall ensure the completeness1 accuracy1 and accessibility of information and data reported to the ,commission under the ,federal ,power ,act1 as the ,commission determines necessary1 by-- 7i7 establishing standardized reporting requirements that specify standards for describing and recording such information and data1 and1 if the ,commission determines appropriate1 providing templates or other tools to reduce administrative burden2 7ii7 providing a format for such information and data to be submitted in a manner that is fully searchable and machine-readable2 7iii7 requiring any form filed by a transmitting utility or a ,transmission ,organization contains no blank cells1 unless clearly marked as exempt pursuant to subparagraph 7,b72 7iv7 requiring any projections required under paragraph 7#a7 are defined1 including key assumptions1 methodologies1 and any other information that could influence the result of the projection2 and 7v7 requiring data reported under this subsection is also made available to the public through a single1 user-friendly web interface that allows users to search1 filter1 and download the data in a machine-readable format4 7,b7 ,exemption ,a transmitting utility or a ,transmission ,organization may request an exemption from a requirement under subparagraph 7,a77iii7 if-- 7i7 such transmitting utility or ,transmission ,organization submits to the ,commission a written statement explaining why such an exemption is needed2 and 7ii7 the ,commission determines that the exemption is justified based on the written statement submitted under clause 7i74 7#e7 ,,ferc form no #a 7,a7 ,refiling ,not later than #a year after the date on which the ,commission issues a rule under paragraph 7#a71 with respect to a covered form1 in the event the ,commission determines that such covered form is incomplete1 the ,commission shall require the relevant transmitting utility or ,transmission ,organization to file a revised ,,ferc ,form ,no4 #a in a manner that complies with the requirements of paragraph 7#d7 and the requirements under section #ada4a of title #ah1 ,code of ,federal ,regulations 7or any successor regulations74 7,b7 ,covered form defined ,in this subsection1 the term covered form means a ,,ferc ,form ,no4 #a filed with the ,commission by a transmitting utility or ,transmission ,organization during the #e-year period immediately preceding the date of enactment of this ,act4 7,c7 ,modernization and centralization of ,,ferc form no4 #a ,not later than #b years after the date of enactment of this ,act1 the ,commission1 in collaboration with the ,administrator1 shall make all historical and future ,,ferc ,form ,no4 #a filings publicly available through the centralized data repository established under subsection 7b74 7b7 ,development of centralized data repository 7#a7 ,in general ,the ,commission1 in collaboration with the ,administrator1 shall develop and maintain a searchable and publicly accessible data repository containing information and data the ,commission determines necessary to carry out the requirements of this ,act1 including information and data reported or filed by a transmitting utility or ,transmission ,organization-- 7,a7 in ,,ferc ,form ,nos4 #a1 #a-;,f1 #c-,q1 #gad1 #gae1 and #gcj1 including information or data from these forms reported prior to the date of enactment of this ,act2 and 7,b7 pursuant to the requirements of this ,act4 7#b7 ,,eia expertise ,in collaborating with the ,commission under this subsection with respect to the data repository developed under paragraph 7#a71 the ,administrator shall-- 7,a7 develop and maintain schemas and metadata for ,form ,no4 #a data consistent with section #cejf7;b77#f7 of title #dd1 ,united ,states ,code2 7,b7 provide user-friendly tools to explore1 download1 and analyze such data1 including filtering by utility1 year1 region1 and data category2 and 7,c7 ensure such data is accessible to the public in both bulk and disaggregated forms1 with ,application ,programming ,interfaces and visualization tools where feasible4 7#c7 ,requirements ,the ,commissioner shall ensure that the data repository developed and maintained under paragraph 7#a7-- 7,a7 includes the data in fully searchable and machine-readable format2 7,b7 is capable of including high-quality data through schemas and accompanying metadata2 7,c7 ensures consistent identification of data elements or assets that satisfy regulatory requirements for data1 established by the ,commission1 as reflected in machine-readable metadata2 7,d7 uses standardized data formats across all ,transmission ,organizations and transmitting utilities2 7,e7 is used by ,transmission ,organizations and transmitting utilities to file reports required under the ,federal ,power ,act and this ,act2 7,f7 enables uploading of reports filed under the ,federal ,power ,act or this ,act2 7,g7 is optimized for operability by ,transmission ,organizations and transmitting utilities to limit the administrative burden of1 and ensure consistency in1 such filings2 7,h7 includes interactive tools and visualization interfaces to allow users to explore trends in transmission buildout1 interconnection timelines1 and associated ratepayer costs2 7,i7 incorporates ,application ,programming ,interfaces or bulk download functionality to support third-party analysis and research2 and 7,j7 ensures that publicly accessible data is aligned with the security of guidelines for ,critical ,energy_/,electric ,infrastructure ,information1 and includes appropriate data anonymization and cybersecurity protections1 based on ,commission guidance4 7c7 ,grid research and analytics 7#a7 ,research and policy analysis ,the ,secretary1 in collaboration with the ,commission1 using standardized methodologies and anonymized queue data collected under this ,act1 shall conduct research and publish periodic reports on the following topics3 7,a7 ,primary drivers of increased costs to ratepayers associated with transmission and interconnection1 including-- 7i7 transmission capital expenditures2 7ii7 interconnection-related upgrade costs2 7iii7 interconnection study delays2 7iv7 regional variations in cost allocation methodologies2 and 7v7 cost recovery practices by utilities and grid operators4 7,b7 ,value delivered to ratepayers from transmission and interconnection investments1 including through-- 7i7 improvements to electric system reliability2 7ii7 avoided emissions or emissions reductions2 and 7iii7 enhancements to long-term system resilience and grid flexibility4 7,c7 ,mechanisms to enhance ratepayer affordability1 including-- 7i7 evaluation of performance-based regulation frameworks applied to transmission and interconnection-related investments2 7ii7 assessment of alternative interconnection solutions such as advanced transmission technologies1 shared infrastructure models1 or consolidated upgrades2 and 7iii7 evaluation of demand-side interventions that reduce the need for costly transmission or interconnection investments4 7,d7 ,comparative scenario modeling of potential energy futures1 to-- 7i7 identify lowest-cost pathways to national grid expansion2 7ii7 assess trade-offs among investment strategies2 and 7iii7 inform decision-making by utilities1 regional planning entities1 and ,federal agencies4 7,e7 ,systemic cost impacts from interconnection inefficiencies1 including analysis of how study delays1 queue withdrawals1 and increased construction periods contribute to higher system costs for ratepayers or generators4 7,f7 ,opportunities to increase system efficiency and unlock latent capacity through improved operational practices and deployment of advanced technologies1 including-- 7i7 assessment of unused or underutilized grid capacity due to outdated planning assumptions or lack of dynamic optimization2 7ii7 evaluation of technologies such as dynamic line ratings1 topology optimization1 flexible interconnection1 or flow control devices2 and 7iii7 quantification of benefits to ratepayers and system operators from unlocking this capacity relative to traditional capital-intensive buildout4 7#b7 ,interconnection transparency and dashboard 7,a7 ,in general ,the ,secretary shall1 through #a or more ,national ,laboratories1 develop1 maintain1 and continuously improve an ,interconnection ,data ,dashboard that presents real-time and historical information relevant to interconnection of generators1 loads1 and other utilities or transmission systems4 7,b7 ,purpose ,the ,dashboard shall provide public stakeholders1 regulators1 utilities1 developers1 and researchers with transparent1 up-to-date insights into the effectiveness1 efficiency1 affordability1 and reliability of interconnection processes across all transmission planning regions4 7,c7 ,data sources ,the ,dashboard shall incorporate data collected under subsection 7b7 of this ,act and from ,,ferc ,form ,no4 #a filings1 relevant ,commission filings1 publicly available interconnection queue data1 and additional datasets1 as determined appropriate by the ,secretary or the ,commission4 7,d7 ,capabilities ,the ,secretary shall develop the ,dashboard to be able to-- 7i7 present anonymized interconnection queue data1 including application volumes1 withdrawal rates1 project timelines1 and milestones2 7ii7 provide visualization of average and median interconnection study durations1 disaggregated by region and project type2 7iii7 show aggregated system upgrade costs1 study backlogs1 and queue performance metrics2 7iv7 allow filtering by geographic location 7e4g41 ,state1 balancing authority1 latitude_/longitude coordinate71 utility1 fuel type1 and project size2 7v7 present each interconnection project's current development status1 such as application submitted1 study phase1 approved1 under construction1 or in-service2 7vi7 display physical asset characteristics for each interconnection project and system segment1 including nameplate generation capacity1 peak load served1 and conductor capacity ratings2 7vii7 identify trends in queue reform outcomes1 including impacts on throughput1 delay reduction1 and project completion rates2 7viii7 support export of underlying data in machine-readable formats for public analysis2 and 7ix7 perform any other function the ,secretary determines appropriate4 7,e7 ,reporting ,the ,secretary1 in collaboration with ,national ,laboratories and the ,commission1 shall publish annual reports summarizing findings from the ,dashboard1 based on data collected pursuant to subsection 7b71 without substituting for the more comprehensive cost-driver analysis required under paragraph 7#a71 including-- 7i7 interregional comparisons of queue efficiency and project success rates2 7ii7 systemic drivers of delay or cost escalation2 7iii7 estimated ratepayer impacts associated with interconnection bottlenecks2 and 7iv7 recommendations for improving interconnection transparency and system performance4 7,f7 ,public access ,the ,dashboard shall be made available on a public website and designed for use by a broad range of users1 including through visualizations1 downloadable datasets1 and ,,api access1 while maintaining protections for ,,ceii4 7d7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,energy ,information ,administration of the ,department of ,energy4 7#b7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#c7 ,ferc form no4 #a ,the term ,,ferc ,form ,no4 #a means the ,form of ,annual ,report for ,major electric utilities1 licensees1 and others1 designated as ,,ferc ,form ,no4 #a and prescribed under section #ada4a of title #ah1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#d7 ,metadata ,the term metadata has the meaning given such term in section #cejb of title #dd1 ,united ,states ,code4 7#e7 ,project ,the term project refers exclusively to transmission infrastructure projects planned1 proposed1 or undertaken by the transmitting utility4 ,this includes projects initiated through-- 7,a7 regional or local transmission planning processes2 7,b7 interconnection studies2 7,c7 reliability-driven upgrades2 and 7,d7 other applicable pathways as determined by the ,commission4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#g7 ,transmitting utility2 transmission organization ,the terms transmitting utility1 and ,transmission ,organization have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 ,v ,deploying low-cost1 clean energy responsibly on public lands and waters ,a ,public land renewable energy development #eja4 ,public land renewable energy development 7a7 ,definitions ,in this ,act3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 ,federal land2 7,b7 not excluded from the development of geothermal1 solar1 or wind energy under-- 7i7 a land use plan2 or 7ii7 other ,federal law2 and 7,c7 not included in an area-- 7i7 that is subject to the ,desert ,renewable ,energy ,conservation ,plan developed by the ,california ,energy ,commission1 the ,california ,department of ,fish and ,wildlife1 the ,bureau of ,land ,management1 and the ,united ,states ,fish and ,wildlife ,service2 or 7ii7 for which the ,secretary determines existing wind and solar energy land use planning meets or exceeds the standards established under section #c4 7#b7 ,energy storage project ,the term energy storage project means equipment that-- 7,a7 receives1 stores1 and delivers energy-using batteries1 compressed air1 pumped hydropower1 hydrogen storage 7including hydrolysis71 thermal energy storage1 regenerative fuel cells1 flywheels1 capacitors1 superconducting magnets1 or other technologies identified by the ,secretary of ,energy2 and 7,b7 has a storage capacity of not less than #e kilowatt hours4 7#c7 ,exclusion area ,the term exclusion area means covered land that is identified by the ,bureau of ,land ,management as not suitable for development of renewable energy projects4 7#d7 ,federal land ,the term ,federal land means-- 7,a7 public land2 and 7,b7 ,national ,forest ,system lands administered by the ,department of ,agriculture through the ,forest ,service where the ,secretary has authority to issue leases for the development and utilization of geothermal resources under section #c and section #ae of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjb1 #ajad74 7#e7 ,fund ,the term ,fund means the ,renewable ,energy ,resource ,conservation ,fund established by section #f7;c77#a74 7#f7 ,land use plan ,the term land use plan means-- 7,a7 with respect to public land1 a land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7,b7 with respect to ,national ,forest ,system land1 a land management plan approved1 amended1 or revised under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#g7 ,national ,forest ,system ,the term ,national ,forest ,system has the meaning given the term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#h7 ,priority area ,the term priority area means covered land identified by the land use planning process of the ,bureau of ,land ,management as being a preferred location for a renewable energy project1 including an area that is identified as a designated leasing area under the rule of the ,bureau of ,land ,management entitled ,competitive ,processes1 ,terms1 and ,conditions for ,leasing ,public ,lands for ,solar and ,wind ,energy ,development and ,technical ,changes and ,corrections 7#ha ,fed4 ,reg4 #ibabb 7,december #ai1 #bjaf77 7or a successor regulation74 7#i7 ,public land ,the term public land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#aj7 ,renewable energy project ,the term renewable energy project-- 7,a7 means a project carried out on covered land that-- 7i7 uses wind1 solar1 or geothermal energy to generate energy2 or 7ii7 transmits electricity to support wind1 solar1 or geothermal energy generation2 and 7,b7 may include an associated energy storage project4 7#aa7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,updating national goals for renewable energy production on ,federal land ,section #cajd of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjjd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking seek to2 7,b7 by striking #be and inserting #fj2 and 7,c7 by striking #bjbe and inserting ,december #ca1 #bjce2 and 7#b7 by adding at the end the following3 7c7 ,update ,not later than #ah months after the date of enactment of this subsection1 the ,secretary1 in consultation with the ,secretary of ,agriculture and the heads of other relevant ,federal agencies1 shall update the national goals for renewable energy production on ,federal land established under subsection 7a74 4 7c7 ,land use planning and updates to programmatic environmental impact statements 7#a7 ,priority areas 7,a7 ,establishment of priority areas2 designation of areas eligible for the submission of renewable energy project applications 7i7 ,in general ,for purposes of renewable energy planning1 the ,secretary1 consistent with the requirements described in clause 7ii71 shall-- 7,i7 update completed land use plans that1 with respect to covered lands1 have designated areas as eligible for the submission of renewable energy project applications2 and 7,,ii7 establish priority areas on covered land for renewable energy projects4 7ii7 ,requirements ,in carrying out activities under clauses 7i7 and 7ii7 of subparagraph 7,a71 the ,secretary shall-- 7,i7 after an opportunity for public comment1 review the adequacy of public lands for renewable energy projects for the purposes of-- 7aa7 encouraging and facilitating new renewable energy projects2 and 7bb7 ensuring consistency with a mitigation sequence of avoiding1 minimizing1 and compensating for adverse impacts to other public uses and values of covered land1 including-- 7,,aa7 wildlife habitat2 7,,bb7 species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,,cc7 water resources2 7,,dd7 cultural resources2 7,,ee7 recreational uses2 7,,ff7 land with wilderness characteristics2 7,,gg7 land with special management designations2 and 7,,hh7 areas of ,tribal importance2 and 7,,ii7 comply with-- 7aa7 the principles of multiple use 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb772 and 7bb7 the national goals for renewable energy production established under section #cajd of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjjd71 including the minimum production goal described in subsection 7b7 of that section4 7,b7 ,priority for certain applications ,in considering applications for renewable energy projects on covered land1 with respect to an application for a proposed renewable energy project on covered land that is to be carried out in a priority area1 the ,secretary shall-- 7i7 prioritize the application to be carried out in any identified priority area2 and 7ii7 on approval of the application1 provide to the applicant who submitted the application the opportunity to participate in any regional mitigation plan developed for the applicable priority area4 7,c7 ,programmatic planning 7i7 ,solar energy ,as soon as practicable1 but not later than #ah months after the ,record of ,decision entitled ,approved ,record of ,decision and ,amendments_/,record of ,decision for ,utility-,scale ,solar ,energy ,development dated ,december #bjbd was issued1 the ,secretary shall consider establishing priority areas on covered land for ,solar energy projects in the planning area 7as defined in the ,record of ,decision74 7ii7 ,wind energy ,as soon as practicable1 but not later than #a year after the date of enactment of this ,act1 the ,secretary shall initiate a review of the final programmatic ,environment ,impact ,statement referenced in the notice of availability entitled ,notice of ,availability of the ,final ,programmatic ,environmental ,impact ,statement on ,wind ,energy ,development on ,,blm-,administered ,lands in the ,western ,united ,states1 ,including ,proposed ,amendments to ,selected ,land ,use ,plans 7#gj ,fed4 ,reg4 #cffea 7,june #bd1 #bjje771 that considers establishment of wind application and priority areas on covered lands1 and complete that review within #c years of issuing a notice of intent4 7iii7 ,geothermal energy ,as soon as practicable1 the ,secretary shall initiate and complete a review or update of existing programmatic analyses for geothermal energy development on covered lands1 identifying areas suitable for leasing and development1 and aligning such analyses with current land use plans and transmission planning efforts4 7iv7 ,electric transmission ,as soon as practicable1 the ,secretary shall initiate and complete a programmatic analysis for electric transmission development on covered lands1 identifying priority and corridor areas that support renewable energy buildout and grid reliability1 and coordinating with regional transmission planning processes and existing right-of-way designations4 7#b7 ,review and modification 7,a7 ,in general ,subject to paragraph 7#b71 not less frequently than once every #aj years1 the ,secretary shall-- 7i7 after an opportunity for public comment1 review the adequacy of all land allocations for renewable energy projects under the requirements in clause 7ii7 of subparagraph 7,a72 and 7ii7 based on the review carried out under subparagraph 7,a71 add1 modify1 or eliminate priority areas1 exclusion areas1 and areas on covered land open or closed to solar or wind energy right-of-way applications or to geothermal leasing4 7,b7 ,limitation ,paragraph 7#a7 shall not apply to any covered land that the ,secretary determines1 after seeking public input1 is subject to an existing land use plan that meets the purposes described in paragraph 7#a77;,a74 7,c7 ,report ,if the ,secretary determines1 in an annual report required under subsection 7g7 of section #cajb of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjjb7 7as redesignated by subsection 7d77#a77;,a771 that the national goal for renewable energy production established under subsection 7a7 of section #cajd of that ,act 7#dc ,u4,s4,c4 #cjjd71 including the minimum production goal established under subsection 7b7 of that section1 may not be met1 the ,secretary shall act more frequently than otherwise required by this subsection to designate areas eligible for the submission of renewable energy project applications and establish additional priority areas for renewable energy projects4 7#c7 ,compliance with the national environmental policy act of #aifi ,for purposes of this section1 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be accomplished-- 7,a7 for geothermal energy-- 7i7 by updating the document entitled ,final ,programmatic ,environmental ,impact ,statement for ,geothermal ,leasing in the ,western ,united ,states and dated ,october #bjjh2 and 7ii7 by incorporating into the updated document under clause 7i7 any additional regional analyses completed by ,federal agencies after the date on which the document described in that subparagraph was finalized2 7,b7 for solar energy-- 7i7 by updating the document entitled ,approved ,record of ,decision and ,amendments_/,record of ,decision for ,utility-,scale ,solar ,energy ,development and dated ,december #bjbd1 #aj years after the publication of the document2 and 7ii7 by incorporating into the updated document under clause 7i7 any additional regional analyses completed by ,federal agencies after the date on which the document described in that subparagraph was finalized2 and 7,c7 for wind energy-- 7i7 by updating the document entitled ,final ,programmatic ,environmental ,impact ,statement on ,wind ,energy ,development on ,,blm-,administered ,lands in the ,western ,united ,states and dated ,june #bjje2 and 7ii7 by incorporating into the updated document under clause 7i7 any additional regional analyses completed by ,federal agencies after the date on which the document described in that subparagraph was finalized4 7#d7 ,no effect on processing site-,specific applications ,nothing in this section modifies any requirement to conduct site-specific environmental reviews or process permits for proposed renewable energy projects during preparation of an updated programmatic environmental impact statement1 land use plan1 or amendment to a land use plan4 7#e7 ,coordination ,in developing any update required under this section1 the ,secretary shall coordinate1 on an ongoing basis1 with appropriate ,state1 ,tribal1 and local governments1 transmission infrastructure owners1 operators1 and developers1 renewable energy developers1 and other appropriate entities to ensure that priority areas established by the ,secretary under this section take into account-- 7,a7 economic viability 7including having access to existing or planned transmission lines72 7,b7 consistency with a mitigation sequence to avoid1 minimize1 and compensate for impacts to-- 7i7 fish1 wildlife1 or plants2 7ii7 fish1 wildlife1 or plant habitat2 7iii7 recreational uses2 7iv7 land with wilderness characteristics2 7v7 land with special management designations2 7vi7 cultural resources2 7vii7 areas of ,tribal importance2 and 7viii7 other uses of covered land2 7,c7 feasibility of siting on previously disturbed land1 including commercial and industrial land1 mine land1 and previously contaminated sites2 and 7,d7 consistency with section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab71 including subsection 7c77#i7 of that section 7#dc ,u4,s4,c4 #agab7;c77#i774 7#f7 ,transmission ,in carrying out this section1 the ,secretary shall-- 7,a7 determine whether adequate transmission exists for renewable energy projects on covered land2 and 7,b7 if a determination is made in the negative under subparagraph 7,a71 in coordination with the heads of other relevant ,federal agencies1 review existing land use plans to determine if amendments to those land use plans would be appropriate to support adequate transmission capability4 7d7 ,improving wind and solar energy project permitting 7#a7 ,role of ,renewable ,energy ,coordination ,offices ,section #cajb of the ,energy ,act of #bjbj 7#dc ,u4,s4,c4 #cjjb7 is amended-- 7,a7 by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively2 and 7,b7 by inserting after subsection 7d7 the following3 7e7 ,processing of ,wind and ,solar energy applications 7#a7 ,delegation to ,state ,renewable ,energy ,coordination ,offices 7,a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may delegate to a ,state ,renewable ,energy ,coordination ,office the authority to process applications for eligible projects proposed to be carried out on land managed by the ,bureau of ,land ,management in the applicable ,state4 7,b7 ,roles and responsibilities of managers ,for purposes of processing applications described in subparagraph 7,a71 the manager of the applicable ,state ,renewable ,energy ,coordination ,office-- 7i7 shall have the authority to issue grants or leases for eligible projects2 7ii7 with the approval of the ,state ,director of the applicable ,bureau of ,land ,management ,state ,office1 may use other employees in field and district offices of the applicable ,bureau of ,land ,management ,state ,office1 or hire additional experts1 to assist with timely processing of applications1 with the costs of hiring additional experts to be charged to applicants2 and 7iii7 shall report to the ,state ,director of the applicable ,bureau of ,land ,management ,state ,office4 7#b7 ,prohibition of delegation to employees of field or district offices ,except as provided in paragraph 7#a77;,b77ii71 the ,secretary may not delegate to employees of field or district offices of the ,bureau of ,land ,management the authority to process applications for eligible projects proposed to be carried out on land managed by the ,bureau of ,land ,management4 4 7#b7 ,cost recovery agreements 7,a7 ,in general ,not later than #cj days after the date on which an applicant submits a complete application for a right-of-way for a wind or solar energy project1 including submission of the filing fee required under section #bhjd4ab of title #dc1 ,code of ,federal ,regulations 7or a successor regulation71 the ,secretary shall provide a cost recovery agreement with respect to the application4 7,b7 ,effect ,issuance of a cost recovery agreement under subparagraph 7,a7 and payment of cost recovery fees shall preclude any new claims to the use of the applicable covered land during any period in which the application is active4 7,c7 ,conflicts2 studies 7i7 ,conflicts ,to be considered complete under subparagraph 7,a71 an application described in that paragraph shall address any known conflicts with respect to the use of the applicable covered land1 as identified in scientific literature or other studies4 7ii7 ,additional studies ,additional studies shall not be required for purposes of considering an application to be complete under subparagraph 7,a74 7#c7 ,environmental requirements 7,a7 ,notice of intent 7i7 ,in general ,not later than #ahj days after the date on which the agency notifies the applicant that the application to establish a right-of-way is complete1 or a later date to be established by the ,secretary under clause 7ii71 if an environmental impact statement is determined to be necessary1 the ,secretary shall issue a notice of intent to prepare an environmental impact statement with respect to the application4 7ii7 ,extension ,the ,secretary shall establish a later date by which the notice under clause 7i7 shall be issued1 if the ,secretary determines that the #ahj-;day period under that paragraph should be extended due to-- 7,i7 the application being considered a low priority under section #bhjd4ce of title #dc1 ,code of ,federal ,regulations 7or a successor regulation72 7,,ii7 project-specific circumstances1 including the need for further studies1 making the #ahj-;day deadline insufficient2 or 7,,iii7 the application not meeting the requirements for approval4 7,b7 ,categorical exclusion 7i7 ,preliminary work ,as the ,secretary determines to be appropriate1 the ,secretary may promulgate regulations providing that preliminary geotechnical work and meteorological monitoring relating to renewable energy projects shall be categorically excluded from the requirements for an environmental assessment or environmental impact statement under section #aeja4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7ii7 ,deadline ,for any energy projects eligible for a categorical exclusion under paragraph #a1 the ,secretary shall issue a decision within #ij days of the submission of a complete application4 7#d7 ,processing priority ,in processing applications described in paragraph 7#b77;,a71 the ,secretary shall-- 7,a7 give priority to applications for renewable energy projects in priority areas2 and 7,b7 process applications for renewable energy projects in areas that are not priority areas in the order in which the applications are received4 7#e7 ,use of competitive process 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall not use a competitive process for the review of an application described in paragraph 7#b77;,a71 except-- 7i7 in a case in which #b or more applicants file an application for the same site 7or portions of the same site7 not more than #ae days apart2 or 7ii7 as otherwise established by the ,secretary through a subsequent rulemaking process delineating the instances in which the ,secretary will use the competitive process4 7,b7 ,limitation ,subparagraph 7,a7 shall not apply to applications for competitive right-of-way leases in priority areas4 7e7 ,increasing economic certainty 7#a7 ,rents and fees 7,a7 ,in general ,in determining rental rates and other fees for renewable energy project leases or right-of-way grants1 the ,secretary shall ensure that the total rental rates and other fees charged do not exceed the average amount charged for similar activities on private land in the ,state or county in which the rental rates and other fees are charged4 7,b7 ,individual appraisals not required ,for purposes of determining rental rates for renewable energy projects1 the ,secretary-- 7i7 shall not be required to conduct individual appraisals2 and 7ii7 may use average cash rents included in the ,pastureland ,rents ,survey prepared by the ,national ,agricultural ,statistics ,service1 as determined for the #e-year period ending on the date on which the rental rate is determined4 7,c7 ,increases in base rental rates ,after a base rental rate is established for a lease or right-of-way grant authorization for a renewable energy project1 any increase in the base rental rate shall be limited to the ,implicit ,price ,deflator-,gross ,product ,index published by the ,bureau of ,economic ,analysis of the ,department of ,commerce on the date of issuance of the lease or right-of way grant authorization4 7,d7 ,capacity fees ,the ,secretary may consider charging a capacity fee for a renewable energy project only if the ,secretary determines that capacity fees are charged within the region or ,state in which the renewable energy project is carried out1 as part of leaseholds on ,state or private land4 7#b7 ,bonds ,the ,secretary shall adopt a process for establishing bond requirements for decommissioning renewable energy projects that-- 7,a7 do not establish a minimum per acre amount2 and 7,b7 are based on the difference between-- 7i7 the estimated1 site-specific net costs of reclamation of the covered land2 and 7ii7 the salvage value of materials available after decommissioning the renewable energy project4 7f7 ,disposition of revenues2 ,renewable ,energy ,resource ,conservation ,fund 7#a7 ,disposition of revenues 7,a7 ,availability ,except as provided in subparagraph 7,c71 without further appropriation or fiscal year limitation1 of amounts collected from wind and solar energy projects as bonus bids1 rentals1 fees1 or other payments under a right-of-way1 permit1 lease1 or other authorization-- 7i7 for the period beginning on ,january #a1 #bjbg1 and ending on ,december #ca1 #bjdf-- 7,i7 #be percent shall be paid by the ,secretary of the ,treasury to the ,state within the boundaries of which the revenue is derived2 7,,ii7 #be percent shall be paid by the ,secretary of the ,treasury to the #a or more counties within the boundaries of which the revenue is derived1 to be allocated among the counties based on the percentage of land from which the revenue is derived2 7,,iii7 #ae percent shall be deposited in the ,treasury and credited to the ,bureau of ,land ,management's ,renewable ,energy ,management account to be made available to the ,secretary to carry out sections #c and #d 7including amendments made by those sections71 including the transfer of the funds by the ,bureau of ,land ,management to other ,federal agencies and ,state agencies to facilitate the processing of permits for renewable energy projects1 with priority given to using the amounts1 to the maximum extent practicable1 without detrimental impacts to emerging markets1 expediting the issuance of permits required for the development of wind and solar energy projects in the ,states from which the revenues are derived2 and 7,,iv7 #ce percent shall be deposited in the ,fund2 and 7ii7 beginning on ,january #a1 #bjdg-- 7,i7 #be percent shall be paid by the ,secretary of the ,treasury to the ,state within the boundaries of which the revenue is derived2 7,,ii7 #be percent shall be paid by the ,secretary of the ,treasury to the #a or more counties within the boundaries of which the revenue is derived1 to be allocated among the counties based on the percentage of land from which the revenue is derived2 7,,iii7 #aj percent shall be deposited in the ,treasury and be made available to the ,secretary to carry out sections #c and #d 7including amendments made by those sections71 including the transfer of the funds by the ,bureau of ,land ,management to other ,federal agencies and ,state agencies to facilitate the processing of permits for wind and solar energy projects1 with priority given to using the amounts1 to the maximum extent practicable1 without detrimental impacts to emerging markets1 expediting the issuance of permits required for the development of renewable energy projects in the ,states from which the revenues are derived2 and 7,,iv7 #dj percent shall be deposited in the ,fund4 7,b7 ,rule for projects located in multiple ,states ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue a proposed rule establishing a formula for the disposition of revenues under clauses 7i77,i7 and 7ii77,i7 of subparagraph 7,a7 in a case in which a wind and solar energy project is located in more than #a ,state4 7,c7 ,filing fees ,with respect to wind and solar energy projects-- 7i7 subparagraph 7,a7 does not apply to amounts collected from application filing fees authorized under section #cjd of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcd72 and 7ii7 such application filing fees may be retained by the applicable agency to recover costs associated with issuing the right-of-way1 permit1 or other authorization associated with the application4 7#b7 ,payments to ,states and ,counties 7,a7 ,in general ,amounts paid to ,states and ,counties under paragraph 7#a77;,a7 shall be used consistent with section #ce of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia74 7,b7 ,payments in lieu of taxes ,a payment to a ,county under clause 7i77,,ii7 or 7ii77,,ii7 of paragraph 7#a77;,a7 shall be in addition to a payment in lieu of taxes received by the ,county under chapter #fi of title #ca1 ,united ,states ,code4 7#c7 ,renewable energy resource conservation fund 7,a7 ,in general ,there is established in the ,treasury a fund1 to be known as the ,renewable ,energy ,resource ,conservation ,fund1 which shall be administered by the ,secretary4 7,b7 ,use of funds 7i7 ,in general ,the ,secretary may make amounts in the ,fund available to ,federal1 ,state1 local1 and ,tribal agencies for distribution in regions in which renewable energy projects are located on ,federal land1 for the purposes described in clause 7ii74 7ii7 ,purposes ,the purposes referred to in clause 7i7 are-- 7,i7 restoring and protecting-- 7aa7 fish and wildlife habitat for species affected by renewable energy projects2 7bb7 fish and wildlife corridors for species affected by renewable energy projects2 and 7cc7 wetlands1 streams1 rivers1 and other natural water bodies in areas affected by renewable energy projects2 and 7,,ii7 preserving and improving recreational access to ,federal land and water in the applicable region through an easement1 right-of-way1 or other instrument from willing landowners for the purpose of enhancing public access to existing ,federal land and water that is inaccessible or restricted due to renewable energy projects4 7,c7 ,cooperative agreements ,the ,secretary may enter into cooperative agreements with ,state and ,tribal agencies1 nonprofit organizations1 and other appropriate entities to carry out the activities described in subparagraph 7,b74 7,d7 ,investment of fund 7i7 ,in general ,any amounts deposited in the ,fund shall earn interest in an amount determined by the ,secretary of the ,treasury on the basis of the current average market yield on outstanding marketable obligations of the ,united ,states of comparable maturities4 7ii7 ,use ,any interest earned under clause 7i7 may be deposited into the ,fund and used without further appropriation4 7,e7 ,report to congress ,at the end of each fiscal year1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report identifying-- 7i7 the amounts described in paragraph 7#a7 that were collected during that fiscal year1 organized by source2 7ii7 the amount and purpose of payments made to each ,federal1 ,state1 local1 and ,tribal agency under subparagraph 7,b7 during that fiscal year2 and 7iii7 the amount remaining in the ,fund at the end of the fiscal year4 7,f7 ,intent of congress ,it is the intent of ,congress that the revenues deposited and expended from the ,fund shall supplement 7and not supplant7 annual appropriations for activities described in subparagraph 7,b74 7g7 ,in general ,the ,secretary of the ,interior shall include in its annual budget requests staffing1 contracting and technological resources necessary to meet the permitting timelines required in this ,act and in #db ,u4,s4,c4 #dccf;a4 7h7 ,savings clause ,notwithstanding any other provision of this ,act1 the ,secretary and the ,secretary of ,agriculture shall continue to manage public land under the principles of multiple use and sustained yield in accordance with title ,i of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 or the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq471 as applicable1 for the purposes of land use planning1 permit processing1 and conducting environmental reviews4 #ejb4 ,geothermal cost recovery 7a7 ,cost recovery from geothermal leasing1 permitting1 and inspections ,section #f of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajje7 is amended by adding at the end the following3 7j7 ,cost recovery 7#a7 ,in general ,during the period that begins on the date of enactment of this subsection and ends ,september #cj1 #bjcc1 the ,secretary may require an applicant for1 or a holder of1 a geothermal lease to reimburse the ,united ,states for all reasonable administrative and other costs incurred by the ,united ,states from-- 7,a7 processing the application for the geothermal lease1 including any application for an operations plan1 geothermal drilling permit1 utilization plan1 site license1 facility construction permit1 commercial use permit1 and any other approval associated with a geothermal lease2 and 7,b7 inspecting and monitoring-- 7i7 geophysical exploration activities2 7ii7 the drilling1 plugging1 and abandonment of wells2 and 7iii7 the construction1 operation1 termination1 and reclamation of any well site or facility for the utilization of geothermal resources pursuant to the geothermal lease4 7#b7 ,considerations ,in determining whether to require reimbursement under paragraph 7#a71 the ,secretary shall consider whether there is in existence a cooperative cost share agreement between the ,united ,states and the holder of a geothermal lease4 7#c7 ,adjustments ,the ,secretary may reduce the amount to be reimbursed under paragraph 7#a7 if the ,secretary determines-- 7,a7 that full reimbursement would impose an economic hardship on the applicant2 or 7,b7 that a less than full reimbursement is necessary to promote the greatest use of geothermal resources4 7#d7 ,use ,the amounts reimbursed under this subsection shall be credited to the currently applicable appropriation1 account1 or fund of the ,department of the ,interior as discretionary offsetting collections1 and shall be available only to the extent provided in advance in appropriations ,acts for-- 7,a7 processing the application for geothermal leases1 including any application for operations plans1 geothermal drilling permits1 utilization plans1 site licenses1 facility construction permits1 commercial use permits1 and any other approval associated with geothermal leases2 and 7,b7 inspecting and monitoring-- 7i7 geophysical exploration activities2 7ii7 the drilling1 plugging1 and abandonment of wells2 and 7iii7 the construction1 operation1 termination1 and reclamation of any well site or facility for the utilization of geothermal resources pursuant to geothermal leases4 4 7b7 ,report 7#a7 ,report ,not later than #e years after the date of enactment of this ,act1 the ,secretary of the ,interior1 in consultation with the geothermal industry and other stakeholders1 shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate1 and make publicly available on the website of the ,department of the ,interior1 a report that includes-- 7,a7 an assessment of how the amendments made by subsection 7b7 of this ,act affected the ,bureau of ,land ,management's geothermal program2 7,b7 any recommendations for reauthorization of section #f7;j7 of the ,geothermal ,steam ,act of #aigj1 as added by this ,act2 and 7,c7 any other recommendations for updates to such section and the ,bureau of ,land ,management's geothermal program4 7#b7 ,considerations ,in developing the report required in paragraph 7#a71 the ,secretary of the ,interior shall solicit facts or information from the geothermal industry and other stakeholders4 #ejc4 ,geothermal ,gold ,book development 7a7 ,identification ,not later than #a year after the date of enactment of this section1 the ,department of the ,interior1 in consultation with other relevant ,federal agencies1 shall identify standard procedures and guidelines for efficient and environmentally responsible geothermal leasing and permitting4 7b7 ,publication ,not later than #ahj days after identifying standard procedures and guidelines under subsection 7a71 the ,department of the ,interior shall publish a ,gold ,book containing such standard procedures and guidelines for use by the field offices of the ,bureau of ,land ,management and geothermal operators4 7c7 ,consultation ,before publishing the ,gold ,book1 the ,department of the ,interior shall consult with-- 7#a7 other relevant ,federal agencies1 including field offices of the ,bureau of ,land ,management2 and 7#b7 outside stakeholders1 including developers and other experts4 7d7 ,inclusions ,the ,gold ,book shall include standard procedures and guidelines for-- 7#a7 land use planning and geothermal lease sales2 and 7#b7 ensuring the efficient review and approval of environmentally responsible geothermal development1 including-- 7,a7 exploration and geophysical operations2 7,b7 permitting lease operations2 7,c7 compliance with all applicable laws and regulations2 7,d7 construction and maintenance2 7,e7 drilling and production operations2 7,f7 appeals2 and 7,g7 relevant categorical exclusions available at each stage4 7e7 ,periodic revision ,the ,department of the ,interior shall-- 7#a7 at least once every five years1 review the ,gold ,book2 and 7#b7 as necessary1 revise the ,gold ,book4 ,b ,offshore renewable deployment #eaa4 ,responsible development of offshore renewable energy 7a7 ,definitions ,section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7 is amended-- 7#a7 in the second subsection 7r71 as added by section #ejbea7;b77#a77;,a77iv7 of ,public ,law #aag-afi-- 7,a7 by redesignating such subsection 7r7 as subsection 7t72 and 7,b7 by inserting after the enumerator ,state4--2 and 7#b7 by adding at the end the following3 7u7 ,offshore renewable energy project ,the term offshore renewable energy project means a project to carry out an activity described in section #h7p77#a77;,c7 related to wind1 solar1 wave1 or tidal energy4 4 7b7 ,national ,policy for the ,outer ,continental ,shelf ,section #c of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accb7 is amended-- 7#a7 by amending paragraph 7#c7 to read as follows3 7#c7 the outer ,continental ,shelf is a vital national resource reserve held by the ,federal ,government for the public1 which can be made available for orderly development1 subject to environmental safeguards and coexistence with other ocean users1 in a manner which includes-- 7,a7 supporting the generation1 transmission1 and storage of zero-emission electricity2 and 7,b7 the maintenance of competition and other national needs1 including the need to achieve ,state and ,federal zero-emission electricity or renewable energy mandates1 targets1 and goals2 2 7#b7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#g71 respectively2 and 7#c7 by inserting after paragraph 7#d7 the following3 7#e7 the identification and development of lease areas for offshore renewable energy projects should be determined by a robust and transparent stakeholder process that incorporates engagement and input from a diverse group of ocean users and other impacted stakeholders1 and ,federal1 ,state1 ,tribal1 and local governments2 4 7c7 ,leases1 ,easements1 and ,rights-of-,way on the ,outer ,continental ,shelf ,section #h7p7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b7-- 7i7 by striking #bg and inserting #ag2 7ii7 by striking three and inserting #ajj2 and 7iii7 by striking #ae and inserting #ajj2 and 7,b7 by adding at the end the following3 7,c7 ,payments for conservation and mitigation activities 7i7 ,in general ,notwithstanding section #i1 the ,secretary shall1 without appropriation or fiscal year limitation1 use #aj percent of the revenue received by the ,federal ,government from royalties1 fees1 rents1 bonuses1 and other payments from any lease1 easement1 or right-of-way granted under this subsection to provide grants to-- 7,i7 ,state1 local1 and ,tribal governments1 and regional partnerships thereof1 including ,regional ,ocean ,partnerships1 ,regional ,wildlife ,science ,collaboratives1 and other similar organizations2 and 7,,ii7 nonprofit organizations4 7ii7 ,use of grants ,grants provided under clause 7i7 shall be used for carrying out activities related to marine and coastal habitat protection and restoration1 mitigation of damage to natural resources and marine life that results from activities authorized by this subsection1 relevant research and data sharing initiatives1 or increasing the organizational capacity of an entity described in subclause 7,i7 or 7,,ii7 of clause 7i7 to increase the effectiveness of entities that carry out such activities4 7,d7 ,offshore renewable energy compensation fund ,notwithstanding section #i1 the ,secretary shall1 without appropriation or fiscal year limitation1 deposit #aj percent of the revenue received by the ,federal ,government from royalties1 fees1 rents1 bonuses1 and other payments from any lease1 easement1 or right-of-way granted under this subsection into the ,offshore ,renewable ,energy ,compensation ,fund established under section #cd4 2 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,leasing 7,a7 ,competitive or noncompetitive basis ,the ,secretary shall issue a lease1 easement1 or right-of-way under paragraph 7#a7 on a competitive basis unless the ,secretary determines after public notice of a proposed lease1 easement1 or right-of-way that there is no competitive interest4 7,b7 ,schedule of offshore renewable energy lease sales ,the ,secretary shall1 after providing an opportunity for public notice and comment1 publish and periodically update a schedule not less frequently than every #e years of areas that may be available for leasing in the future for offshore renewable energy projects1 indicating1 to the extent possible1 the timing of site identification activities1 the timing of designation of any area to be leased1 the anticipated size of such areas1 the timing of lease sales1 and the location of leasing activities4 7,c7 ,multi-factor bidding 7i7 ,in general ,the ,secretary may consider non-monetary factors when competitively awarding leases under paragraph 7#a71 which may include commitments made by the bidder to-- 7,i7 support educational1 training1 and skills development1 including supporting or increasing access to registered apprenticeship programs and pre-apprenticeship programs that have an articulation agreement with a registered apprenticeships program for offshore renewable energy projects2 7,,ii7 support development of domestic supply chains for offshore renewable energy projects1 including development of ports and other energy infrastructure necessary to facilitate offshore renewable energy projects2 7,,iii7 establish a community benefit agreement with #a or more community or stakeholder groups that may be impacted by the development and operation of an offshore renewable energy project1 which may include covered entities2 7,,iv7 make investments to evaluate1 monitor1 improve1 and mitigate impacts to the health and biodiversity of ecosystems and wildlife from the development and operation of an offshore renewable energy project2 7,v7 support the development and use of shared transmission infrastructure connecting to offshore renewable energy projects2 and 7,,vi7 make other investments determined appropriate by the ,secretary4 7ii7 ,contractual commitments ,when considering non-monetary factors under this subparagraph1 the ,secretary may-- 7,i7 evaluate the quality of commitments made by the bidder2 and 7,,ii7 reward finalized binding agreements above assurances for future commitments4 7iii7 ,definitions ,in this subparagraph3 7,i7 ,covered entity ,the term covered entity has the meaning given such term in section #cd7k74 7,,ii7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 2 7#c7 by amending paragraph 7#d7 to read as follows3 7#d7 ,requirements 7,a7 ,in general ,the ,secretary shall ensure that any activity under this subsection is carried out in a manner that provides for-- 7i7 safety2 7ii7 protection of the environment1 which includes facilitation of the generation1 transmission1 and storage of zero-emission electricity2 7iii7 prevention of waste2 7iv7 conservation of the natural resources of the outer ,continental ,shelf2 7v7 coordination with relevant ,federal agencies and ,state1 ,tribal1 and local governments2 7vi7 protection of national security interests of the ,united ,states2 7vii7 protection of correlative rights in the outer ,continental ,shelf2 7viii7 a fair return to the ,united ,states for any lease1 easement1 or right-of-way under this subsection2 7ix7 reasonable uses 7as determined by the ,secretary7 of the exclusive economic zone1 the high seas1 and the territorial seas2 7x7 consideration of-- 7,i7 the location of1 and any schedule relating to1 a lease1 easement1 or right-of-way for an area of the outer ,continental ,shelf2 and 7,,ii7 any other use of the sea or seabed1 including use for a fishery1 a sealane1 a potential site of a deepwater port1 or navigation2 7xi7 public notice and comment on any proposal submitted for a lease1 easement1 or right-of-way under this subsection2 7xii7 oversight1 inspection1 research1 monitoring1 and enforcement relating to a lease1 easement1 or right-of-way under this subsection2 and 7xiii7 satisfaction of any applicable ,state and ,federal renewable and clean energy mandates1 targets1 and goals4 7,b7 ,project labor agreements 7i7 ,in general ,beginning not later than ,january #a1 #bjbf1 the ,secretary shall require1 as a term or condition of each lease1 right-of-way1 and easement1 as applicable1 for an offshore renewable energy project that the holder of the lease1 right-of-way1 or easement1 7and any successor or assignee7 and its agents1 contractors1 and subcontractors engaged in the construction of any facilities for such offshore renewable energy project agree1 for purposes of such construction1 to negotiate and become a party to a project labor agreement with #a or more labor organizations4 ,a project labor agreement shall bind all contractors and subcontractors on the project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents4 ,the ,secretary shall not approve a construction and operations plan with respect to any offshore renewable energy project until being assured by the lessee that such project labor agreement will be maintained for the duration of the project4 7ii7 ,definitions ,in this subparagraph3 7,i7 ,construction ,the term construction includes reconstruction1 rehabilitation1 modernization1 alteration1 conversion1 extension1 repair1 or improvement of any facility1 structure1 or other real property 7including any onshore facilities7 for an offshore renewable energy project4 7,,ii7 ,labor organization ,the term labor organization means a labor organization as defined in section #b7e7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7e77-- 7aa7 of which building and construction employees are members2 and 7bb7 that directly1 or through its affiliates1 sponsors a registered apprenticeship program4 7,,iii7 ,project labor agreement ,the term project labor agreement means a pre-hire collective bargaining agreement with #a or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in section #h7;e7 and 7f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;f774 7,,iv7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7,c7 ,domestic content 7i7 ,in general ,with respect to the construction of facilities for an offshore renewable energy project that begins after ,january #a1 #bjcc1 the ,secretary shall require that-- 7,i7 all structural iron and steel products that are 7upon completion of construction7 components of such facilities for an offshore renewable energy project shall be produced in the ,united ,states2 and 7,,ii7 not less than #hj percent of the total costs of all manufactured products that are 7upon completion of construction7 components of such facilities shall be attributable to manufactured products which are mined1 produced1 or manufactured in the ,united ,states4 7ii7 ,waiver ,the ,secretary may waive the requirements of clause 7i7 in any case or category of cases in which the ,secretary finds that-- 7,i7 applying clause 7i7 would be inconsistent with the public interest2 7,,ii7 such products are not produced in the ,united ,states in sufficient and reasonably available quantities and of a satisfactory quality2 or 7,,iii7 the use of such products will increase the cost of the overall project by more than #be percent4 7iii7 ,public notification ,if the ,secretary receives a request for a waiver under this subparagraph1 the ,secretary shall make available to the public a copy of the request and information available to the ,secretary concerning the request1 and shall allow for informal public input on the request for at least #ae business days prior to making a finding based on the request4 ,the ,secretary shall make the request and accompanying information available to the public by electronic means1 including on the official public ,internet site of the ,department of the ,interior4 7iv7 ,international agreements ,this paragraph shall be applied in a manner consistent with ,united ,states obligations under international agreements4 2 7#d7 by amending paragraph 7#g7 to read as follows3 7#g7 ,coordination and consultation ,the ,secretary shall provide for coordination and consultation with-- 7,a7 the ,governor of any ,state or the executive of any local government that may be affected by a lease1 easement1 or right-of-way under this subsection2 and 7,b7 ,indian ,tribes 7following the procedures of the ,president's ,memorandum of ,uniform ,standards for ,tribal ,consultation1 issued on ,november #cj1 #bjbb 7#hg ,fed4 ,reg4 #gddgi71 or any subsequent order7 before undertaking any activities under this subsection that may have a direct1 indirect1 or cumulative impact on-- 7i7 the land1 including allotted1 ceded1 or traditional land1 or interests in such land of an ,indian ,tribe or member of an ,indian ,tribe2 7ii7 ,tribal land1 cultural practices1 resources1 or access to traditional areas of cultural or religious importance2 7iii7 any part of any ,federal land that shares a border with ,indian country1 as such term is defined in section #aaea of title #ah1 ,united ,states ,code2 7iv7 the protected rights of an ,indian ,tribe1 whether or not such rights are enumerated in a treaty1 including water1 hunting1 gathering1 and fishing rights2 7v7 the ability of an ,indian ,tribe to govern or provide services to members of the ,indian ,tribe2 7vi7 the relationship between the ,federal ,government and an ,indian ,tribe2 or 7vii7 the trust responsibility of the ,federal ,government to an ,indian ,tribe4 2 7#e7 by amending paragraph 7#aj7 to read as follows3 7#aj7 ,applicability 7,a7 ,in general ,this subsection does not apply to any area on the outer ,continental ,shelf within the exterior boundaries of any unit of the ,national ,park ,system1 ,national ,wildlife ,refuge ,system1 or ,national ,marine ,sanctuary ,system1 or any ,national ,monument4 7,b7 ,certain transmission infrastructure 7i7 ,in general ,notwithstanding subparagraph 7,a71 if otherwise authorized pursuant to the ,national ,marine ,sanctuaries ,act 7#af ,u4,s4,c4 #adca et seq471 the ,secretary may issue a lease1 easement1 or right-of-way to enable the transmission of electricity generated by an offshore renewable energy project4 7ii7 ,terms and conditions ,in issuing a lease1 easement1 or right-of-way under clause 7i71 the ,secretary may approve and regulate the construction and operation of such transmission facilities 7including electrical substations and other related infrastructure7 for the transmission of electricity generated by such projects in a manner that minimizes environmental impacts4 7iii7 ,coordination ,in regulating the construction and operation of transmission facilities and related infrastructure under clause 7ii71 the ,secretary shall coordinate with the ,secretary of ,commerce to ensure the duration of any necessary authorizations of such facilities under the ,national ,marine ,sanctuaries ,act aligns with the duration of the relevant leases1 easements1 or rights-of-way issued under clause 7i74 2 and 7#f7 by adding at the end the following3 7#aa7 ,planning area impact studies 7,a7 ,in general ,beginning three years after the date of enactment of this paragraph1 before holding any lease sale pursuant to paragraph 7#a7 for an area1 the ,secretary shall conduct a study of such area1 or the wider planning area that includes such area1 in order to establish information needed for assessment and management of the environmental impacts on the human1 marine1 and coastal environments of the outer ,continental ,shelf and the coastal areas which may be affected by offshore renewable energy projects in such area or planning area4 7,b7 ,inclusions ,a study conducted under subparagraph 7,a7 shall-- 7i7 incorporate the best available existing science and data2 7ii7 identify areas for which there is insufficient science and data2 and 7iii7 include consideration of the cumulative impacts 7including potential navigational impacts7 of offshore renewable energy projects on human1 marine1 and coastal environments4 7,c7 ,use of data and assessments ,the ,secretary shall use the data and assessments included in studies conducted under this paragraph1 as appropriate1 when deciding-- 7i7 which portions of an area or region are most appropriate to make available for leasing2 and 7ii7 whether to issue any permit or other authorization that is necessary to carry out an offshore renewable energy project4 7,d7 ,,nepa applicability ,the ,secretary shall not consider a study conducted under subparagraph 7,a7 to be a major ,federal action under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#ab7 ,capacity building and community engagement 7,a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,commerce1 may award grants to entities to build organizational capacity and enhance engagement opportunities related to offshore renewable energy project development1 including environmental reviews and permitting activities of such projects4 7,b7 ,purposes ,grants awarded under subparagraph 7,a7 shall be used by entities to-- 7i7 enable ,states1 ,indian ,tribes1 affected ocean users1 and nonprofit associations that represent affected ocean users to compile data1 conduct analyses1 educate stakeholders1 and complete other activities relating to offshore renewable energy project development2 7ii7 engage in planning activities and in the development of offshore wind projects for the purposes of-- 7,i7 determining potential economic1 social1 public health1 and environmental benefits and impacts2 and 7,,ii7 identifying opportunities to mitigate such impacts2 7iii7 facilitate siting of offshore renewable energy projects and associated electric transmission infrastructure2 and 7iv7 hire and train personnel1 and other activities designed to increase the capacity of ,states1 ,indian ,tribes1 and nonprofit associations1 as applicable1 to carry out activities described in clauses 7i7 through 7iii74 7,c7 ,prioritization ,when awarding grants under subparagraph 7,a71 the ,secretary shall prioritize awarding grants that will be used to build organizational capacity and enhance community engagement opportunities of ,indian ,tribes4 7,d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this paragraph #be1jjj1jjj for each of fiscal years #bjbf through #bjcj4 4 7d7 ,reservations ,section #ab7;a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acda7;a77 is amended to read as follows-- 7a7 ,withdrawal of unleased lands by the ,president 7#a7 ,in general ,the ,president of the ,united ,states may1 from time to time1 withdraw from disposition any of the unleased lands of the outer ,continental ,shelf4 7#b7 ,reversal for certain offshore renewable energy projects ,with respect to a withdrawal under paragraph 7#a7 of unleased lands from disposition1 the ,president may reverse such a withdrawal only to allow for leasing under section 7#h77p77#a77;,c7 and only if the ,president determines that environmental1 national security1 or national or regional energy conditions or demands have changed such that a reversal would be in the public interest4 4 7e7 ,citizen ,suits1 ,court ,jurisdiction1 and ,judicial ,review ,section #bc7;c77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acdi7;c77#b77 is amended to read as follows3 7#b7 ,any action of the ,secretary to approve1 require modification of1 or disapprove any exploration plan or development and production plan under this ,act1 or any plan1 final lease1 easement1 or right-of-way granted pursuant to section 7#h77p77#a7 7and any related final ,federal agency actions71 shall be subject to judicial review only in a ,united ,states court of appeals for a circuit in which an affected ,state is located4 4 7f7 ,report on decommissioning of offshore renewable energy projects ,not later than #aj years after the date of enactment of this ,act1 the ,secretary of the ,interior shall submit to ,congress1 and make publicly available1 a report evaluating decommissioning options for offshore renewable energy projects 7and associated electric transmission infrastructure71 including an assessment of the potential for the holder of a lease1 easement1 or right-of-way to keep facilities in place or otherwise convert such facilities to artificial reefs to support marine habitats1 provided that such facilities will not adversely impact navigation1 national security1 the marine environment1 ,tribal uses1 or other competing uses of the outer ,continental ,shelf4 7g7 ,updating regulations ,not later than #bgj days after the date of enactment of this section1 the ,secretary of the ,interior shall issue any necessary regulations to carry out this section and the amendments made by this section4 #eab4 ,compensation for offshore renewable energy projects ,the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca et seq47 is amended by adding at the end the following3 #cd4 ,offshore ,renewable ,energy ,compensation ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states the ,offshore ,renewable ,energy ,compensation ,fund1 which shall be used by the ,secretary1 or a third-party the ,secretary enters into a contract with1 to provide to covered entities-- 7#a7 payments for claims-- 7,a7 described under subsection 7f77#a72 and 7,b7 verified pursuant to subsection 7d77#a72 and 7#b7 grants to carry out mitigation activities described in subsection 7f77#b74 7b7 ,availability of fund ,the ,fund shall be available to the ,secretary without fiscal year limitations for the purpose of providing payments and grants under subsection 7a74 7c7 ,accounts ,the ,fund shall-- 7#a7 consist of the royalties1 fees1 rents1 bonuses1 and other payments deposited under section #h7p77#b77;,d72 and 7#b7 be divided into separate area accounts from which payments and grants shall be provided based on the area in which damages occur4 7d7 ,regulations ,the ,secretary shall establish1 by regulation1 a process to-- 7#a7 file1 process1 and verify claims for purposes of providing payments under subsection 7a77#a72 and 7#b7 apply for a grant provided under subsection 7a77#b74 7e7 ,payment amount ,payments provided under subsection 7a77#a7 shall-- 7#a7 be based on the scope of the verified claim2 7#b7 be fair and provided efficiently and in a transparent manner2 and 7#c7 if the covered entity receiving the payment has or will receive direct compensation for the verified claim pursuant to a community benefit agreement or other agreement between such covered entity and a holder of a lease1 easement1 or right-of-way1 be reduced by an amount that is equal to the amount of such direct compensation4 7f7 ,claims2 mitigation grants 7#a7 ,claims ,a payment may be provided under subsection 7a77#a7 for a verified claim to-- 7,a7 replace or repair gear that was lost or damaged by the development1 construction1 operation1 or decommissioning of an offshore renewable energy project2 or 7,b7 replace income that was lost from the development1 construction1 operation1 or decommissioning of an offshore renewable energy project4 7#b7 ,mitigation grants ,if the ,secretary determines that there are sufficient amounts in an area account of the ,fund to provide payments for all verified claims at any given time1 the ,secretary may use amounts in the ,fund to provide grants to covered entities1 and other entities determined appropriate by the ,secretary1 to mitigate the potential effects of development1 construction1 operation1 and decommissioning of an offshore renewable energy project1 including by paying for gear changes1 navigation technology improvements1 and other measures to enhance the safety and resiliency of the covered entities near an offshore renewable energy project4 7g7 ,advisory group 7#a7 ,in general ,the ,secretary shall establish and regularly convene an advisory group that shall provide recommendations on the development and administration of this section4 7#b7 ,membership ,the advisory group shall-- 7,a7 be comprised of individuals-- 7i7 appointed by the ,secretary2 and 7ii7 representing the geographic diversity of areas impacted by the development1 construction1 operation1 or decommissioning of offshore renewable energy projects2 and 7,b7 include representatives from-- 7i7 recreational fishing interests2 7ii7 commercial fishing interests2 7iii7 ,tribal fishing interests2 7iv7 the ,national ,marine ,fisheries ,services2 7v7 the fisheries science community2 and 7vi7 other fields of expertise necessary to effectively develop and administer this section1 as determined by the ,secretary4 7#c7 ,travel expenses ,the ,secretary may provide amounts to any member of the advisory group to pay for travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under section #egjc of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the advisory group4 7h7 ,insufficient funds 7#a7 ,in general ,if the ,secretary determines that an area account does not contain a sufficient amount to provide payments under subsection 7a77#a71 the ,secretary may1 not more than once each calendar year1 require any holder of an offshore renewable energy lease located within the area covered by the area account to pay an amount specified by the ,secretary1 which shall be deposited into such area account4 7#b7 ,amount ,no holder of an offshore renewable energy lease shall be required to pay an amount under paragraph 7#a7 in excess of #c per acre of the leased land described in paragraph 7#a74 7i7 ,administrative expenses ,the ,secretary may use up to #ae percent of the amount deposited into the ,fund under section #h7p77#b77;,d7 during a given fiscal year for administrative expenses to carry out this section4 7j7 ,annual report ,the ,secretary shall submit to ,congress1 and make publicly available1 an annual report on activities carried out under this section1 including a description of claims filed and the amount of payments and grants provided4 7k7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means-- 7,a7 a community1 stakeholder1 or ,tribal interest-- 7i7 that uses a geographic space of a lease area1 or uses resources harvested from a geographic space of a lease area2 and 7ii7 for which such use is directly and adversely impacted by the development1 construction1 operation1 or decommissioning of an offshore renewable energy project located in such leased area2 or 7,b7 a regional association1 cooperative1 non-profit organization1 commission1 or corporation that-- 7i7 serves a community1 stakeholder1 or ,tribal interest described in subparagraph 7,a72 and 7ii7 acts on behalf of such a community1 stakeholder1 or ,tribal interest for purposes of this section1 including by submitting a claim for a covered entity4 7#b7 ,fund ,the term ,fund means the ,offshore ,renewable ,energy ,compensation ,fund established under subsection 7a74 7#c7 ,lease area ,the term lease area means an area covered by an offshore renewable energy lease4 7#d7 ,offshore renewable energy lease ,the term offshore renewable energy lease means a lease1 easement1 or right-of-way granted under section #h7p77#a77;,c74 4 #eac4 ,interoperability of offshore electric transmission infrastructure 7a7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,energy shall complete and publish on the website of the ,department of ,energy a study that assesses the need to1 and challenges of1 developing and standardizing interoperable electric grid components1 systems1 and technologies in support of shared offshore transmission networks4 ,such study shall include recommendations for ,congress1 ,state1 ,tribal1 and local governments1 manufacturers of electric grid components1 systems1 and technologies1 ,transmission ,organizations1 offshore electricity generation project developers1 and appropriate standards organizations to help ensure interoperability of electric grid components1 systems1 and technologies between offshore electricity generation projects and shared offshore infrastructure connecting to onshore transmission systems4 7b7 ,interoperability standard development program 7#a7 ,in general ,the ,secretary of ,energy shall establish and implement a program to identify1 develop1 support1 document1 and encourage the adoption of standards necessary to maximize the interoperability of electric grid components1 systems1 and technologies to accelerate the implementation and delivery of electricity generated by offshore electricity generation projects through shared electricity transmission infrastructure4 7#b7 ,goals ,the goals of establishing and implementing the program under paragraph 7#a7 shall be-- 7,a7 to harmonize and standardize functional specifications of electric grid components1 systems1 and technologies to maximize the interoperability of electric grid components1 systems1 and technologies across types and manufacturers2 7,b7 to hasten adoption of shared electric transmission infrastructure1 including interregional transmission infrastructure1 for offshore electricity generation by encouraging cooperation among manufacturers of electric grid components1 systems1 or technologies in order to-- 7i7 maximize interoperability of such manufacturers' electric grid components1 systems1 or technologies2 7ii7 reduce offshore electricity generation project delays and cost overruns2 7iii7 manage power grid complexity2 and 7iv7 enhance electric grid resilience1 reliability1 and cybersecurity2 and 7,c7 to identify common technical specifications to effectively and securely measure1 monitor1 control1 and protect offshore electricity generation and electric transmission infrastructure from the point of generation to load centers4 7#c7 ,financial assistance ,under the program established and implemented under paragraph 7#a71 the ,secretary may provide grants to-- 7,a7 engage equipment manufacturers and industry stakeholders in collaborative platforms1 including workshops and forums2 7,b7 identify current challenges and propose solutions to improve interoperability of electric grid components1 systems1 and technologies2 7,c7 develop a set of voluntary industry standards to maximize interoperability of electric grid components1 systems1 and technologies that meet the goals described in paragraph 7#b72 and 7,d7 promote data sharing alignment with the ,department of ,energy1 the ,national ,oceanic and ,atmospheric ,administration1 and the ,bureau of ,ocean ,energy ,management to integrate oceanographic1 wildlife1 and grid planning data relevant to offshore transmission corridors4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,energy to carry out this section #e1jjj1jjj1 to remain available until expended4 7d7 ,definition ,in this section1 the term ,transmission ,organization has the meaning given such term in section #c7bi7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 ,,vi ,protecting consumers in electricity regulation #fja4 ,utility earnings tied to ratepayer benefits 7a7 ,amendments to the ,federal ,power ,act 7#a7 ,in general ,section #bai of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbds7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking ,not later than #a year after the date of enactment of this section1 the ,commission shall establish1 by rule1 and inserting ,the ,commission shall issue such rules as may be necessary to establish2 and 7ii7 by inserting 1 improving efficiency1 after ensuring reliability2 7,b7 in subsection 7b7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,the rule shall and inserting ,the rules issued under this section shall2 7ii7 in paragraph 7#a71 by inserting 1 and operational improvements for1 after capital investment in2 7iii7 in paragraph 7#b7-- 7,i7 by inserting or other incentive mechanism after return on equity2 and 7,,ii7 by inserting or incentivizes improvements that increase the efficiency of the transmission of electric energy and reduce costs for consumers after 7including related transmission technologies72 7iv7 in paragraph 7#c71 by inserting 1 including performance-based measures1 after other measures2 and 7v7 in paragraph 7#d7-- 7,i7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7,,ii7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7,,iii7 by adding at the end the following new subparagraph3 7,c7 amounts determined pursuant to shared savings frameworks or other incentive mechanisms prescribed in such rules4 2 and 7,c7 by amending subsection 7c7 to read as follows3 7c7 ,transmission organization-,based incentives 7#a7 ,transmission organization membership ,in a rule issued under this section1 the ,commission shall1 to the extent within its jurisdiction1 provide for incentives to each transmitting utility or electric utility that joins a ,transmission ,organization4 7#b7 ,initial membership incentive ,in carrying out paragraph 7#a71 the ,commission shall provide for an electric utility to yield a return on equity incentive-- 7,a7 of not more than #ej basis points for the #c-year period beginning on the date on which the electric utility joins a ,transmission ,organization2 and 7,b7 the transfer of a transmitting utility from #a transmission organization to another shall not trigger a new period under subparagraph 7,a74 7#c7 ,regional and interregional facility incentive ,after the expiration of the period under paragraph 7#b77;,a71 the ,commission may provide a return on equity incentive of not more than #ge basis points with respect to transmission facilities of such utility that-- 7,a7 provide demonstrable benefits to customers on a regional or interregional basis1 as determined by the ,commission2 and 7,b7 are selected in a transmission planning process conducted by a ,transmission ,organization or by #b or more such organizations on an interregional basis4 7#d7 ,incentives for non-members ,in the case of an electric utility that is not a member of a ,transmission ,organization1 the ,commission may provide an additional return on equity incentive of not more than #be basis points with respect to transmission facilities that satisfy the criteria set forth in paragraph 7#c74 7#e7 ,guardrails ,in determining whether1 and at what level1 to provide incentives under this subsection1 the ,commission may consider-- 7,a7 measurable customer benefits1 including reliability1 resilience1 and congestion cost reductions2 7,b7 cost discipline1 including consistency with least-cost planning and mitigation of excessive capital bias2 and 7,c7 the persistence and magnitude of expected benefits4 7#f7 ,duration and review ,the ,commission may establish time limits for incentives under this subsection and shall provide for periodic review and adjustment or termination of such incentives if the underlying bases for the incentives no longer exist4 7#g7 ,method of cost recovery ,the ,commission shall ensure that any costs recoverable pursuant to this subsection may be recovered by such utility through the transmission rates charged by such utility or through the transmission rates charged by the ,transmission ,organization that provides transmission service to such utility4 4 7#b7 ,rulemakings 7,a7 ,deadline ,not later than #a year after the date of the enactment of this section1 the ,commission shall revise the rule issued under section #bai of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbds7 to implement the amendment made by paragraph 7#a77;,c74 7,b7 ,considerations ,in revising the rule specified in paragraph 7#a77;,c7 with respect to the implementation of the return on equity incentive under section #bai7;c7 of the ,federal ,power ,act1 as amended by such paragraph1 the ,commission shall take into consideration the following3 7i7 ,the ,notice of ,proposed ,rulemaking titled ,electric ,transmission ,incentives ,policy ,under ,section #bai of the ,federal ,power ,act1 published in the ,federal ,register on ,april #b1 #bjbj 7#he ,fed4 ,reg4 #ahghd74 7ii7 ,the ,supplemental ,notice of ,proposed ,rulemaking titled ,electric ,transmission ,incentives ,policy ,under ,section #bai of the ,federal ,power ,act1 published in the ,federal ,register on ,april #bf1 #bjba 7#hf ,fed4 ,reg4 #baigb74 7b7 ,rulemaking on shared savings framework for transmitting utilities subject to ,federal ,energy ,regulatory ,commission jurisdiction 7#a7 ,rule required ,not later than one year after the date of the enactment of this section1 the ,commission shall issue a final rule under section #bai7;b77#c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbds7b77#c771 as amended by subsection 7a71 that establishes a framework under which a covered transmitting utility may recover a portion of verified cost savings attributable to a qualifying action of such transmitting utility as an incentive 7in this subsection referred to as the shared savings framework74 7#b7 ,methodologies ,the ,commission shall develop and include in the rule under paragraph 7#a7 standardized methodologies1 applicable across similarly situated transmission segments1 as follows3 7,a7 ,baseline performance methodologies ,methodologies1 developed in consultation with the ,secretary1 for covered transmitting utilities to determine the annual baseline performance of transmission facilities or transmission segments absent qualifying actions-- 7i7 by measuring the baseline performance of such a transmission facility or transmission segment-- 7,i7 through the actual amount of electrical energy entering and leaving such facility or segment 7commonly referred to as direct metering72 or 7,,ii7 if the method under subclause 7,i7 is not feasible1 through an estimation of such amount consistent with modeling methodologies prescribed by the ,commission2 and 7ii7 by normalizing data to ensure such baseline performance accounts for variability in exogenous factors determined by the ,commission1 such as variability in-- 7,i7 weather2 7,,ii7 demand over time2 7,,iii7 upgrades1 interconnections1 or operational changes made by other utilities1 ,independent ,system ,operators or ,regional ,transmission ,organizations1 or other entities determined relevant by the ,commission2 or 7,,iv7 other conditions affecting demand or generation4 7,b7 ,methodologies relating to cost savings ,methodologies for covered transmitting utilities to estimate and calculate1 and for independent evaluators to verify1 the cost savings attributable to qualifying actions under the shared savings framework1 taking into account-- 7i7 the baseline performance of any transmission facility or transmission segment with respect to which a qualifying action is conducted2 and 7ii7 price proxies1 determined according to a methodology prescribed by the ,commission1 for the value of electric energy transmitted 7which may include1 for a region managed by an ,independent ,system ,operator or ,regional ,transmission ,organization1 the locational marginal price corresponding to the location on the electric grid where an injection or withdrawal of power is modeled 7commonly referred to as a pricing node774 7,c7 ,methodologies relating to recoverable percentage and rate recovery timeline 7i7 ,in general ,methodologies for covered transmitting utilities to determine1 taking into account the factors described in clause 7ii71 the following3 7,i7 ,the total percentage of cost savings attributable to a qualifying action that such a utility may recover as an incentive under the shared savings framework1 which may not be less than #aj percent or greater than #fj percent of such total attributable cost savings 7in this subsection referred to as the recoverable percentage of such savings74 7,,ii7 ,the period of time during which such a utility may recover amounts as an incentive for such an action1 which may not be shorter than a #b-year period or longer than a #e-year period 7in this subsection referred to as the rate recovery timeline for such action74 7ii7 ,factors ,the factors described in this clause are the following3 7,i7 ,the extent of financial or operational risk to be assumed by a covered transmitting utility in conducting a qualifying action4 7,,ii7 ,the baseline performance for transmission facilities or transmission segments with respect to which such action is to be conducted4 7,,iii7 ,the replicability or demonstration value of such action4 7,,iv7 ,the duration of cost savings predicted to result from such action and whether such cost savings will remain consistent over such duration4 7,v7 ,the extent to which such action is expected to result in additional benefits1 such as improvements to the resilience or the reliable operation of the bulk-power system1 reductions to transmission congestion1 or reductions to greenhouse gas emissions4 7,,vi7 ,such other factors as the ,commission may determine relevant to ensure the incentive is performance-based1 transparent1 and cost-effective4 7#c7 ,initial filing required ,to be considered for an incentive under the shared savings framework for the conduct of a qualifying action1 a covered transmitting utility shall submit to the ,commission an initial filing1 the contents of which shall be verified by an independent evaluator determined appropriate by the ,commission1 that includes the following3 7,a7 ,an identification of the baseline performance of any transmission facility or transmission segment with respect to which such action is to be conducted for the #a-year period preceding the date on which such conduct is to be commenced1 determined by such utility pursuant to an applicable methodology under paragraph 7#b77;,a7 7including the data underlying such calculation74 7,b7 ,a description of such action1 including an analysis of improvements expected to result from such action4 7,c7 ,the rate recovery timeline for such action and the recoverable percentage of cost savings attributable to such action1 determined pursuant to an applicable methodology under paragraph 7#b77;,c74 7,d7 ,an estimate1 developed pursuant to an applicable methodology under paragraph 7#b77;,b71 of the cost savings to result from such action for-- 7i7 the #a-year period beginning on the date on which the conduct of such action commences2 and 7ii7 the duration of the rate recovery timeline for such action4 7,e7 ,a claim for #ej percent of the recoverable percentage of cost savings estimated under subparagraph 7,d77i74 7,f7 ,an agreement by such utility to file with the ,commission the annual reports required under paragraph 7#d71 the contents of which shall be verified by an independent evaluator determined appropriate by the ,commission4 7#d7 ,annual reporting required ,beginning #a year after the date on which a covered transmitting utility submits an initial filing for a qualifying action under paragraph 7#c71 and on an annual basis thereafter until the end of the rate recovery timeline for such action determined under subparagraph 7,c7 of such paragraph or until such action no longer results in cost savings1 whichever occurs first1 such utility shall file with the ,commission a report containing1 with respect to the qualifying action of such utility1 the following3 7,a7 ,data on the performance during the preceding year of any transmission facility or transmission segment with respect to which such action was conducted1 and a comparison of such performance to the baseline performance of that transmission facility or transmission segment determined pursuant to an applicable methodology under paragraph 7#b77;,a7 for such year4 7,b7 ,the actual cost savings attributable to the qualifying action for the preceding year1 calculated pursuant to an applicable methodology under paragraph 7#b77;,b74 7,c7 ,if such utility expects cost savings to result from the qualifying action during the following year1 an estimate1 developed pursuant to an applicable methodology under paragraph 7#b77;,b71 of the cost savings for such following year4 7,d7 ,a claim for the following3 7i7 ,an amount that is the recoverable percentage of the actual cost savings for the preceding year calculated under subparagraph 7,b7 minus any amount previously recovered based on an estimate of cost savings for such year under paragraph 7#e77;,a7 or paragraph 7#e77;,b77ii71 as the case may be4 7ii7 ,if the report includes an estimate of cost savings for the following year under paragraph 7#e71 an amount that is #ej percent of the recoverable percentage of such estimated cost savings4 7,e7 ,if such utility finds that the total amount recovered for a year under paragraph 7#e7 exceeds the amount equal to the total recoverable percentage of the actual cost savings for that year under subparagraph 7,b71 an identification of the excess amount4 7#e7 ,recovery mechanism 7,a7 ,rate adjustment based on initial filing ,not later than #fj days after receiving an initial filing of a covered transmitting utility under paragraph 7#c71 the ,commission shall provide to such utility a rate adjustment under which such utility may recover the amount claimed under paragraph 7#c77;,d74 7,b7 ,rate adjustment based on annual reports ,not later than #fj days after receiving an annual report of a covered transmitting utility under paragraph 7#d71 the ,commission shall provide to such utility a rate adjustment under which-- 7i7 subject to subparagraph 7,c71 such utility may recover the amount claimed under paragraph 7#d77;,d77i72 and 7ii7 if the report included a claim under paragraph 7#d77;,d77ii71 such utility may recover the amount so claimed4 7,c7 ,reconciliation ,if a utility identifies an excess amount under paragraph 7#d77;,e71 or the ,commission determines the information reported for that year under paragraph 7#d7 is insufficient for purposes of this paragraph1 the ,commission shall credit the difference to ratepayers through a rate adjustment4 7#f7 ,sense of ,congress regarding additional rulemakings ,it is the sense of ,congress that-- 7,a7 following the issuance of the rule under paragraph 7#a71 the ,commission should revise such rule1 or issue additional rules under the authority of section #bai7;b77#c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbds7b77#c771 as amended by subsection 7a71 to expand the shared savings framework to additional categories of measurable1 demonstrable1 and verifiable covered transmission actions2 7,b7 any such rule should include a version of the methodologies developed under paragraph 7#b7 adapted for such additional categories2 and 7,c7 any such rule should take into account the findings of the most recently conducted study under subsection 7e74 7c7 ,guidance for electric utilities not subject to ,federal ,energy ,regulatory ,commission jurisdiction 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,secretary1 in coordination with the ,commission and ,state regulatory authorities1 shall develop and publish on a publicly available website of the ,department of ,energy guidance to support ,state regulatory authorities in establishing frameworks under which covered electric utilities may recover a portion of verified cost savings attributable to a covered utility action as an incentive4 7#b7 ,minimum elements ,the guidance under paragraph 7#a7 shall include-- 7,a7 guidance1 developed in accordance with paragraph 7#c71 for determining the baseline performance of a covered electric utility absent a covered utility action2 7,b7 guidance1 developed in accordance with paragraph 7#d71 for determining the cost savings attributable to a covered utility action2 7,c7 guidance for the measurement and verification of a covered utility action1 and any cost savings attributable to such action1 by an independent evaluator determined appropriate by the ,state regulatory authority concerned2 7,d7 guidance on potential mechanisms by which covered electric utilities may recover a portion of the verified cost savings attributable to a covered utility action1 including through the provision of rate adjustments by ,state regulatory authorities2 and 7,e7 such other elements as the ,secretary determines appropriate to ensure the framework specified in paragraph 7#a7 is transparent1 performance-based1 cost-effective1 and consistent with ,state ratemaking practices4 7#c7 ,methodology for determining baseline performance 7,a7 ,in general ,in developing the guidance under paragraph 7#b77;,a71 the ,secretary1 acting through the heads of the ,grid ,deployment ,office1 ,office of ,electricity1 and ,office of ,energy ,efficiency and ,renewable ,energy of the ,department of ,energy1 in coordination with the ,commission1 shall-- 7i7 consult with ,state regulatory authorities1 ,independent ,system ,operators1 ,regional ,transmission ,organizations1 and independent evaluators determined appropriate by the ,secretary regarding such guidance2 7ii7 include in such guidance technical guidance for normalizing data to ensure the baseline performance of a covered electric utility accounts for variability in exogenous factors1 such as variability in-- 7,i7 weather2 7,,ii7 demand over time2 7,,iii7 upgrades1 interconnections1 or operational changes made by other utilities1 ,independent ,system ,operators or ,regional ,transmission ,organizations1 or other entities determined relevant by the ,commission2 or 7,,iv7 other conditions affecting demand or generation1 as determined by the ,secretary2 and 7iii7 ensure such guidance supports consistent treatment across covered electric utilities within each category described in paragraph 7#e74 7,b7 ,support from ,national ,laboratories ,the ,national ,laboratories shall provide such technical support as the ,secretary determines necessary to carry out this paragraph4 7#d7 ,guidance on determining cost savings ,in developing the guidance under paragraph 7#b77;,b71 the ,secretary shall-- 7,a7 include in such guidance-- 7i7 principles to ensure that cost savings attributable to a covered utility action are calculated in a manner that takes into account price proxies for the value of electric energy and the baseline performance of the covered electric utility2 and 7ii7 tools1 technical support1 and reference data to assist ,state regulatory authorities in applying the principles specified in clause 7i72 and 7,b7 ensure such guidance supports consistent treatment across covered electric utilities within each category described in paragraph 7#e74 7#e7 ,applicability to utility market structures ,in carrying out paragraph 7#a71 the ,secretary shall develop separate guidance for each category of covered electric utilities as follows3 7,a7 ,vertically integrated utilities4 7,b7 ,covered electric utilities that own or operate transmission infrastructure but not distribution or generation infrastructure4 7,c7 ,covered electric utilities that own or operate distribution infrastructure but not transmission or generation infrastructure4 7,d7 ,covered electric utilities that own or operate distribution and transmission infrastructure but not generation infrastructure4 7#f7 ,revisions ,upon the publication of each report under subsection 7e71 the ,secretary shall determine whether to revise the guidance under paragraph 7#a71 taking into account the contents of such report and the recommendations included therein4 7d7 ,grant program for ,state regulatory authorities 7#a7 ,establishment ,not later than #b years after the date of the enactment of this section1 the ,secretary shall establish a program under which the ,secretary may award grants to ,state regulatory authorities to support the development1 implementation1 and oversight by such ,state regulatory authorities of frameworks under which covered electric utilities may recover a portion of verified cost savings attributable to a covered utility action as an incentive 7in this subsection referred to as the grant program74 7#b7 ,authorized uses of funds ,amounts awarded under the grant program may only be used to conduct the following activities3 7,a7 ,the development of a framework referred to in paragraph 7#a71 or revision of an existing such framework1 such that the framework is consistent with the guidance developed under subsection 7c71 including the following3 7i7 ,the development1 including the design or modeling1 of methodologies consistent with the methodologies set forth under such guidance4 7ii7 ,the development of data systems or other tools necessary for the development of the framework4 7iii7 ,the issuance or revision of regulations necessary for the development of the framework4 7iv7 ,the engagement with stakeholders with respect to the development of the framework4 7,b7 ,the implementation or oversight of a framework consistent with such guidance4 7#c7 ,prohibited use of funds ,no amounts awarded under the grant program may be used to pay a covered electric utility4 7#d7 ,grant recipient reporting requirement 7,a7 ,in general ,as a condition of receiving amounts under the grant program1 a ,state regulatory authority shall agree to submit to the ,secretary1 on an annual basis for the duration of the period in which such ,state regulatory authority expends such amounts1 a report describing the activities carried out using such amounts4 7,b7 ,effect of noncompliance ,if a grant recipient fails to submit a report required under subparagraph 7,a71 such recipient shall be ineligible for additional awards under this subsection until the report is submitted4 7#e7 ,administration of program 7,a7 ,technical support2 public registry ,in carrying out the grant program1 the ,secretary shall-- 7i7 provide to grant recipients technical assistance in support of activities conducted using amounts awarded under the grant program2 and 7ii7 maintain a publicly accessible registry of the activities so conducted4 7,b7 ,reporting by ,secretary ,not later than #b years after the date of enactment of this section1 and biennially thereafter for the duration of the grant program1 the ,secretary shall submit to the appropriate congressional committees a report containing-- 7i7 a summary of the activities conducted using amounts awarded under the grant program2 7ii7 an assessment of the effectiveness of any framework implemented using such amounts2 and 7iii7 an identification of any barrier to the development1 implementation1 or oversight of a framework consistent with the guidance developed under subsection 7c7 and recommendations for addressing such barrier1 as applicable4 7,c7 ,allocation of funds ,of the amounts authorized to be appropriated or otherwise made available to the ,secretary to carry out the grant program-- 7i7 not more than #gj percent may be awarded for the conduct of activities under paragraph 7#b77;,a72 7ii7 not less than #cj percent may be awarded for the conduct of activities under paragraph 7#b77;,b72 and 7iii7 not more than #e percent may be obligated or expended for ,federal administrative expenses4 7e7 ,studies on effects of certain rate treatments and alternative frameworks 7#a7 ,studies required ,not later than #c years after the date of enactment of this section1 and every #e years thereafter1 the ,secretary1 in consultation with the ,commission1 shall-- 7,a7 conduct a study on-- 7i7 inefficiencies in the electric power sector incentivized by existing rate treatments for the transmission of electric energy and any economic1 environmental1 or societal effect of such inefficiencies1 including with respect to the customers of electric utilities1 the reliable operation of the bulk-power system1 and the deployment of cost-effective advanced transmission technologies2 and 7ii7 alternative frameworks for incentive-based1 including performance-based1 rate treatments for such transmission1 such as the alternative frameworks described in paragraph 7#b72 and 7,b7 publish on a publicly available website of the ,department of ,energy1 and submit to the appropriate congressional committees1 a report that includes-- 7i7 a detailed description of the findings of such study2 and 7ii7 recommendations of the ,secretary to align rate treatments for the transmission of electric energy with the goals of lowering costs for the customers of electric utilities1 enhancing the reliable operation of the bulk-power system1 reducing transmission congestion and other inefficiencies in the transmission or delivery of electric energy1 and encouraging the deployment of cost-effective advanced transmission technologies4 7#b7 ,examples of alternative frameworks ,the alternative frameworks described in this paragraph are the following3 7,a7 ,shared savings frameworks4 7,b7 ,revenue decoupling models1 under which authorized revenues of utilities are separated from volumetric sales of electricity to reduce disincentives for energy efficiency and programs to reduce the consumption of1 or peak demand for1 electric energy4 7,c7 ,return on equity adjustments1 under which authorized utility returns are increased or decreased based on measurable factors such as risk profile1 performance outcomes1 or efficiency improvements4 7,d7 ,multi-year rate plans1 under which revenue requirements and performance expectations for utilities are established for a fixed multi-year period rather than through single-year rate cases4 7,e7 ,earnings sharing mechanisms1 under which earnings of utilities falling outside an authorized range as compared to the return on equity are shared between shareholders and ratepayers4 7,f7 ,total expenditure models1 under which capital and operating expenditures of utilities are treated on an equivalent basis to reduce bias toward capital investment4 7,g7 ,performance scorecards1 under which utilities are evaluated against transparent outcome-based metrics such as reliability1 affordability1 equity1 or the reduction of emissions1 with results informing regulatory decisions or incentive adjustments4 7#c7 ,sources ,the ,secretary shall ensure that each study under paragraph 7#a7 is informed by-- 7,a7 reports filed with the ,commission pursuant to subsections 7b7 and 7d7 of this section1 and section #cjd of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbe;c72 7,b7 relevant reports issued by the ,national ,laboratories2 and 7,c7 such other studies1 reports1 and other data sources as the ,secretary may determine appropriate4 7f7 ,definitions ,in this section3 7#a7 ,advanced conductor ,the term advanced conductor means an electric transmission conductor that1 relative to a conductor being replaced on a given transmission or distribution line1 is designed to substantially improve electrical or mechanical performance through the achievement of the following criteria1 as determined by the ,commission3 7,a7 ,a substantial increase in current-carrying capacity under normal operating conditions4 7,b7 ,a substantial reduction in electrical resistance or line losses under normal operating conditions4 7,c7 ,operation at materially higher continuous allowable operating temperatures4 7,d7 ,a reduction in thermal sag or mechanical constraints that enables increased use of a transmission segment or facility4 7#b7 ,advanced transmission technology ,the term advanced transmission technology means any hardware or software that-- 7,a7 increases the capacity1 efficiency1 reliability1 resilience1 or safety of transmission facilities and transmission technologies2 7,b7 is installed in addition to new or existing transmission facilities and transmission technologies-- 7i7 to give operators of the transmission facilities and transmission technologies more situational awareness and control over the electric grid2 7ii7 to make the transmission facilities and transmission technologies more efficient2 or 7iii7 to increase the transfer capacity of the transmission facilities and transmission technologies2 and 7,c7 includes1 but is not limited to1 dynamic line ratings1 advanced conductors1 topology optimization1 advanced power-flow controls1 and other digital or physical systems that increase the usable transfer capability of the grid4 7#c7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,b7 the ,committee on ,energy and ,natural ,resources of the ,senate4 7#d7 ,bulk-power system2 electric utility2 ,independent ,system ,operator2 ,regional ,transmission ,organization2 ,state regulatory authority2 transmitting utility ,the terms bulk-power system1 electric utility1 ,independent ,system ,operator1 ,regional ,transmission ,organization1 ,state regulatory authority1 and transmitting utility have the meanings given such terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#e7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#f7 ,covered electric utility ,the term covered electric utility means an electric utility not subject to the jurisdiction of the ,commission for ratemaking purposes under ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq474 7#g7 ,covered action ,the term covered action-- 7,a7 means an action that would generate cost savings for ratepayers2 and 7,b7 does not include the construction of a new facility or the complete reconstruction of an existing facility4 7#h7 ,covered transmission action ,the term covered transmission action means a covered action to improve the efficiency1 capacity1 reliability1 or resilience of #a or more transmission facilities or transmission segments1 including through-- 7,a7 the replacement of a conductor on a transmission line within such a facility or segment with an advanced conductor2 or 7,b7 the deployment of an advanced transmission technology4 7#i7 ,covered transmitting utility ,the term covered transmitting utility means a transmitting utility subject to the jurisdiction of the ,commission for ratemaking purposes under part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq474 7#aj7 ,covered utility action ,the term covered utility action means a covered action taken by an electric utility to-- 7,a7 improve the efficiency of the generation1 transmission1 or distribution of electric energy1 including by reducing the proportion of electrical energy lost during such generation1 transmission1 or distribution 7including through the deployment of energy storage systems or other technologies72 or 7,b7 reduce the consumption of1 or peak demand for1 electric energy1 including through-- 7i7 a technological improvement1 such as the deployment of high-efficiency appliances1 smart thermostats1 distributed energy resources1 or building retrofits2 7ii7 the establishment of a pricing mechanism to encourage customers of the electric utility to reduce such consumption or shift such demand to non-peak hours2 or 7iii7 any other action or program to incentivize or otherwise produce such a reduction or shift in demand4 7#aa7 ,qualifying action ,the term qualifying action means a covered transmission action achieved through the reduction of transmission physical losses4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#ac7 ,similarly situated ,the term similarly situated1 with respect to transmission segments1 means transmission segments that the ,commission determines share comparable characteristics1 such as voltage class1 geography1 load profile1 or historical performance4 7#ad7 ,transmission physical loss ,the term transmission physical loss means the amount of electrical energy that enters a transmission segment but does not exit such transmission segment1 as measured over a prescribed period of time4 7#ae7 ,transmission segment ,the term transmission segment means a functionally distinct portion of an interconnected transmission system 7such as a single transmission line or multiple transmission lines within a prescribed zone1 such as between prescribed substations71 for which the amount of electrical energy transmitted and the amount of electrical energy lost during such transmission may be independently measured1 as determined by the ,commission4 7#af7 ,vertically integrated electric utility ,the term vertically integrated electric utility means a covered electric utility that-- 7,a7 owns and operates generation1 transmission1 and distribution facilities2 and 7,b7 directly provides retail electric service to end-use customers4 #fjb4 ,consumer protection from energy market manipulation 7a7 ,amendments to the ,federal ,power ,act 7#a7 ,enforcement of certain provisions ,section #caf;,a of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeo-#a7 is amended by adding at the end the following3 7c7 ,prohibition or suspension for violations ,the ,commission may prohibit1 conditionally or unconditionally1 permanently or for such period of time as the ,commission determines to be appropriate1 any person who is engaged or has engaged in practices constituting a violation of section #bba or #bbb 7and related rules and regulations7 from engaging1 directly or indirectly1 in the business of purchasing or selling-- 7#a7 electric energy2 7#b7 electric energy products1 including financial transmission rights2 or 7#c7 transmission services subject to the jurisdiction of the ,commission4 4 7#b7 ,conforming amendments ,section #cad7;d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbem7d77 is amended-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking individual and inserting person2 and 7ii7 by inserting or #bbb after section #bba2 7,b7 in paragraph 7#a71 by inserting with respect to a person who is an individual1 before acting2 and 7,c7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting 1 directly or indirectly1 after engaging2 7ii7 in subparagraph 7,a71 by striking 2 or and inserting a semicolon2 7iii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iv7 by inserting after subparagraph 7,a7 the following3 7,b7 electric energy products1 including financial transmission rights2 or 4 7b7 ,amendments to ,natural ,gas ,act 7#a7 ,prohibition on filing false information ,the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag et seq47 is amended by inserting after section #d;,a the following3 #d;,b4 ,prohibition on filing false information ,no person shall willfully and knowingly report to a ,federal agency or private-sector price-reporting agency1 with intent to fraudulently affect the data being compiled by the ,federal agency or private-sector price-reporting agency1 any information relating to the transportation or sale of natural gas subject to the jurisdiction of the ,commission 7including information relating to the availability and prices of natural gas sold at wholesale and in interstate commerce and information relating to the operation of facilities for the transportation and sale of natural gas at wholesale and in interstate commerce7 that the person knows to be false at the time of the reporting4 4 7#b7 ,civil penalty authority ,section #bb of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagt-#a7 is amended by adding at the end the following3 7d7 ,prohibition or suspension for violations ,the ,commission may prohibit1 conditionally or unconditionally1 permanently or for such period of time as the ,commission determines to be appropriate1 any person who is engaged or has engaged in practices constituting a violation of section #d;,a or #d;,b 7including related rules and regulations7 from engaging1 directly or indirectly1 in the business of purchasing or selling-- 7#a7 natural gas2 or 7#b7 transmission services subject to the jurisdiction of the ,commission4 4 7#c7 ,conforming amendments ,section #bj7;d7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gags7d77 is amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking individual and inserting person2 7,b7 in paragraph 7#a71 by inserting with respect to a person who is an individual1 before acting2 and 7,c7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting 1 directly or indirectly1 after engaging4 #fjc4 ,avoiding cost shifts onto families 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#bb7 ,large load facility class 7,a7 ,classification ,large load facilities shall be considered a class of electric consumers4 7,b7 ,cost recovery relating to large load facility class ,each electric utility that provides electric service to a class of electric consumers described in subparagraph 7,a7 shall fully recover from such class all costs associated with any upgrade made to the generation1 transmission1 or distribution facilities of the electric grid1 including local facilities1 in order to meet the demand for electric energy from such class1 including in the event that a large load facility ceases operations or uses less electric energy than projected at the time of such upgrade4 7#bc7 ,grid reliability for large load facilities ,each electric utility shall prioritize1 among requests from owners or operators of large load facilities for electric service1 such a request under which the owner or operator agrees to employ-- 7,a7 features that reduce the demand for electric energy from the electric grid during times of peak demand1 including-- 7i7 energy efficiency or energy conservation measures2 7ii7 onsite energy storage2 or 7iii7 demand response or load flexibility technologies2 and 7,b7 zero-emission electric energy generated onsite or procured within the same balancing authority through a power purchase agreement to meet all of the demand of the large load facility for electric energy4 4 7b7 ,definitions ,section #aaa of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7 is amended by adding at the end the following3 7e7 ,definitions ,for the purposes of subsection 7d73 7#a7 ,large load facility ,the term large load facility-- 7,a7 means a facility1 or an aggregation of facilities at a single site1 with respect to which the peak demand of such facility or such aggregation of facilities exceeds #ge megawatts2 and 7,b7 does not include an existing facility with respect to which any increased demand is predominantly caused by electrification or measures to reduce greenhouse gas emissions4 7#b7 ,zero-emission electric energy ,the term zero-emission electric energy means electric energy generated without emitting greenhouse gases1 including from solar1 wind1 geothermal1 hydroelectric1 tidal1 fission1 or fusion energy4 4 7c7 ,conforming amendments 7#a7 ,obligations to consider and determine ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended-- 7,a7 in subsection 7b71 by adding at the end the following3 7#i7 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 each standard established by paragraphs 7#bb7 and 7#bc7 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 each standard established by paragraphs 7#bb7 and 7#bc7 of section #aaa7;d74 7,c7 ,not later than #cj days after completing the determination and making a determination under section #aaa with respect to each standard established by paragraphs 7#bb7 and 7#bc7 of section #aaa7;d71 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility 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 detailing the process used for consideration and an explanation for the determination4 2 7,b7 in subsection 7c7-- 7i7 by striking subsection 7b77#b7 and inserting subsection 7b72 and 7ii7 by inserting ,in the case of the standard established by paragraphs 7#bb7 and 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 paragraphs 7#bb7 and 7#bc74 after paragraph 7#ba742 and 7,c7 by adding at the end the following3 7i7 ,other prior state actions ,subsections 7b7 and 7c7 shall not apply to the standards established by paragraphs 7#bb7 and 7#bc7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7,i7 the ,state has implemented for the electric utility the standard concerned 7or a comparable standard72 7,,ii7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for the electric utility2 or 7,,iii7 the ,state legislature has voted on the implementation of the standard concerned 7or a comparable standard7 for the electric utility during the #c-year period ending on that date of enactment4 4 7#b7 ,prior and pending proceedings ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended by inserting ,in the case of each standard established by paragraphs 7#bb7 and 7#bc7 of section #aaa7;d71 the reference contained in this section to the date of enactment of this ,act shall be deemed to be a reference to the date of enactment of such paragraphs 7#bb7 and 7#bc74 after paragraph 7#ba744 #fjd4 ,true costs and value of energy for economic and public benefit 7a7 ,energy productivity assessments 7#a7 ,baseline assessment ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,energy1 in consultation with the ,task ,force established under subsection 7c7 of this ,act1 shall publish a comprehensive baseline assessment of energy productivity in the ,united ,states1 which shall1 at a minimum-- 7,a7 define a framework and methodology for measuring energy productivity as the relationship between energy inputs and the economic or societal value of the work performed by those inputs1 at the national1 regional1 and sectoral levels2 7,b7 evaluate current energy productivity performance at the national1 regional1 and sectoral levels2 7,c7 identify barriers to improved energy productivity across economic sectors2 and 7,d7 highlight opportunities for improvement through technology1 policy1 behavioral1 or structural interventions4 7#b7 ,periodic national energy productivity reporting ,not later than #f months after the publication of the baseline assessment under paragraph 7#a71 and at least quarterly thereafter1 the ,administrator of the ,energy ,information ,administration shall publish a report on energy productivity in the ,united ,states using the same measures of economic output in each sector and nationally as those used in the estimates of labor productivity published by the ,bureau of ,labor ,statistics4 ,the ,administrator of the ,energy ,information ,administration shall coordinate with the ,secretary of ,labor on such energy productivity reports so the publication of such energy productivity reports is on the same timeline as the reporting of labor productivity by the ,bureau of ,labor ,statistics4 7#c7 ,national energy productivity modeling ,not later than #ah months after the date of enactment of this ,act1 and every three years thereafter1 the ,secretary of ,energy shall produce a comprehensive ,national ,energy ,productivity ,assessment using existing ,federal modeling tools and data systems4 ,the assessment shall-- 7,a7 quantify the direct and indirect economic1 environmental1 health1 and societal impacts of achieving accelerated energy productivity improvements1 relative to a business-as-usual scenario1 at the national1 regional1 and sectoral levels2 7,b7 analyze potential policy pathways to enhance competitiveness1 reduce energy costs1 increase resilience1 and support job creation2 7,c7 evaluate how such improvements affect national and regional well-being1 including reductions in pollution1 energy costs1 public health burdens1 water use1 and economic vulnerability2 7,d7 evaluate risks associated with delayed action1 including stranded asset exposure and competitiveness losses2 and 7,e7 include1 as appropriate1 recommendations for ,federal policies1 programs1 and research priorities to support sustained energy productivity gains4 7#d7 ,reports on energy productivity and competitiveness ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report detailing how improvements in energy productivity in the ,united ,states affects ,united ,states competitiveness in key economic sectors1 including manufacturing1 services1 and energy-intensive industries4 ,the report shall include modeling scenarios1 investment implications1 and policy options to maximize national economic benefits from improved energy productivity4 7b7 ,improving energy indicators 7#a7 ,standardized reporting on energy indicators 7,a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,task ,force established under subsection 7c7 of this ,act shall develop standardized methodologies for collecting1 evaluating1 assembling1 analyzing1 and disseminating data and other information on the following indicators3 7i7 ,national energy potential1 where the term national energy potential means the theoretical maximum amount of energy physically present within a country's geographic boundary1 including the country's ,exclusive ,economic ,zone1 across all energy forms1 including-- 7,i7 energy stocks for-- 7aa7 oil and gas1 in units of chemical energy1 which includes-- 7,,aa7 proven reserves as determined by the ,energy ,information ,administration2 7,,bb7 probable reserves as determined by the ,energy ,information ,administration2 7,,cc7 undiscovered technically recoverable resources as determined by the ,united ,states ,geological ,survey2 and 7,,dd7 undiscovered unrecoverable resources as determined by the ,united ,states ,geological ,survey2 7bb7 coal1 in units of chemical energy1 which includes identified and undiscovered resources1 as determined by the ,united ,states ,geological ,survey2 and 7cc7 nuclear fuel1 in units of fissionable energy from reasonably assured1 estimated additional1 and speculative uranium and thorium resources1 as determined by the ,energy ,information ,administration2 and 7,,ii7 energy flows for-- 7aa7 solar energy1 in units of annual total ,global ,horizontal ,irradiance2 7bb7 wind energy1 in units of annual kinetic energy from wind at hub heights and atmospheric conditions consistent with commercial wind energy applications1 as determined by the ,department of ,energy2 7cc7 hydropower energy1 in units of annual gravitational potential energy from inland water flows that1 at a minimum1 could power a micro hydropower plant1 as determined by the ,department of ,energy2 7dd7 geothermal energy1 in units of annual subsurface thermal energy at a subsurface depth of #aj kilometers or less1 or under temperature1 pressure1 and geological conditions suitable for energy extraction1 as determined by the ,department of ,energy2 7ee7 biomass-based energy1 in units of annual chemical energy1 including primary resources1 and secondary and tertiary residues1 as determined by the ,department of ,energy2 and 7ff7 marine energy1 in units of annual mechanical1 thermal1 and chemical potential energy in the ,exclusive ,economic ,zone of the ,united ,states4 7ii7 ,technically-accessible energy potential1 where the term technically-accessible energy potential means the theoretical maximum amount of national energy potential that can be accessed and converted into usable energy using existing commercially-available technologies and industry-standard practices1 without regard to cost or policy4 7iii7 ,cost-qualified energy potential1 where the term cost-qualified energy potential means the theoretical maximum amount of technically-accessible energy potential that could be profitably developed and delivered as usable energy under current or anticipated near-term economic conditions1 as determined using prevailing market prices1 technology costs1 and industry-standard practices1 considering existing ordinances and regulations and current industry practices for siting for energy stocks and energy flows4 7iv7 ,market-viable energy potential1 where the term market-viable energy potential means the amount of cost-qualified energy potential that is already online or likely to be developed and brought online in practice1 at the time of reporting in subsection 7b77#a77;,b77ii74 7v7 ,secondary energy1 where the term secondary energy-- 7,i7 means the amount of energy resources that have been converted into intermediate carriers electricity generation2 7,,ii7 represents energy forms that can be stored1 transported1 distributed1 or further converted before final consumption2 and 7,,iii7 includes1 but is not limited to1 electricity1 refined fuels 7such as refined petroleum products1 hydrogen1 or synthetic fuels71 and district heat4 7vi7 ,final energy1 where the term final energy-- 7,i7 means the amount of secondary energy in the form delivered for end-use consumption for consumption in buildings1 transportation1 industrial processes1 or other sectors or applications2 and 7,,ii7 includes1 but is not limited to1 electricity1 refined fuels 7such as refined petroleum products1 hydrogen1 or synthetic fuels71 and district heat4 7vii7 ,useful energy1 where the term useful energy-- 7,i7 means the amount of final energy that is effectively converted into the desired service or output after accounting for energy losses during end-use conversion2 and 7,,ii7 includes lighting1 mechanical work and motion1 heating and cooling1 chemical process energy1 and any other end-use services delivered to meet a desired function4 7viii7 ,exergy1 where term exergy means the amount of usable energy and resulting work obtainable from a system or energy stream1 accounting for both the quantity and quality of energy4 7ix7 ,exergy efficiency1 where the term exergy efficiency means the extent to which the exergy is preserved and converted into valuable economic or societal services during their use for a given system1 sector1 or economy4 7,b7 ,incorporation of new indicators in department reporting 7i7 ,in general ,not later than #b years after the initial development of the standardized methodologies under paragraph 7#a71 the ,secretary of ,energy shall1 as part the ,department of ,energy's modeling frameworks1 scenario analysis tools1 and energy outlooks1 collect1 evaluate1 assemble1 analyze1 and disseminate data and other information related to the indicators listed in clauses 7i7 through 7ix7 of subparagraph 7,a74 7ii7 ,covered reporting ,the modeling frameworks1 scenario analysis tools1 and energy outlooks described in clause 7i7 include-- 7,i7 the ,annual ,energy ,outlook2 7,,ii7 to the maximum extent possible-- 7aa7 the ,monthly ,energy ,review2 7bb7 the ,international ,energy ,outlook2 7cc7 the ,state ,energy ,data ,system2 and 7dd7 the ,short-,term ,energy ,outlook2 and 7,,iii7 any successor model or analysis to a model or analysis described in subclauses 7,i7 and 7,,ii74 7,c7 ,transparency and documentation ,the ,administrator of the ,energy ,information ,administration shall publish and maintain detailed documentation on how the ,task ,force developed the methodologies under subparagraph 7,a74 7#b7 ,study on primary energy indicators 7,a7 ,required study ,the ,secretary of ,energy1 with support from the ,administrator of the ,energy ,information ,administration1 relevant offices within the ,department of ,energy1 and the ,task ,force1 shall conduct a comprehensive study on the validity1 limitations1 and potential alternatives to the use of the indicators for primary energy in national energy accounting4 7,b7 ,scope of study ,the study shall include-- 7i7 an evaluation of the conceptual basis and historical rationale for the current indicator for primary energy calculated and reported by the ,energy ,information ,administration2 7ii7 an assessment of the limitations of primary energy accounting in accurately reflecting energy efficiency1 energy transitions1 and the value and comparability of combustible and non-combustible energy sources2 7iii7 an analysis of alternative indicators1 including secondary energy1 final energy1 useful energy1 and exergy1 and their suitability for integration into national energy statistics2 7iv7 a review of international best practices for energy accounting1 including methodologies used by the ,international ,energy ,agency and peer nations2 and 7v7 recommendations for improvements or replacements to the primary energy indicator that better align with national goals for energy efficiency1 electrification1 decarbonization1 and economic productivity4 7,c7 ,report to ,congress ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,energy 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 containing the findings and recommendations of the study required under subparagraph 7,a74 7c7 ,establishment of energy productivity and cost task force 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall establish an advisory group1 to be known as the ,energy ,productivity and ,value ,task ,force 7in this ,act referred to as the ,task ,force71 which shall be led by the ,secretary of ,energy4 7#b7 ,membership 7,a7 ,federal agencies ,the following heads of ,federal agencies shall serve as members of the ,task ,force3 7i7 ,the ,secretary of ,energy4 7ii7 ,the ,secretary of ,commerce4 7iii7 ,the ,administrator of the ,environmental ,protection ,agency4 7iv7 ,the ,administrator of the ,energy ,information ,administration4 7v7 ,the ,chairman of the ,federal ,energy ,regulatory ,commission4 7vi7 ,the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7vii7 ,the ,director of the ,united ,states ,geological ,survey4 7viii7 ,the ,assistant ,secretary for ,health of the ,department of ,health and ,human ,services4 7ix7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,b7 ,independent technical experts 7i7 ,in general ,the ,secretary of ,energy1 in consultation with the other heads of ,federal agencies listed in subparagraph 7,a71 shall appoint independent technical experts as members of the ,task ,force1 which shall consist of independent technical experts with a demonstrated expertise in-- 7,i7 environmental and energy economics2 7,,ii7 energy technologies1 including renewables1 fossil fuel systems1 bioenergy1 and energy storage2 7,,iii7 public health and environmental epidemiology2 7,,iv7 ecology and ecosystem services2 7,v7 industrial engineering and lifecycle assessment2 and 7,,vi7 any other field the ,oversight ,board determines relevant for the purposes of this ,act4 7ii7 ,number of experts ,under subparagraph 7,a71 the ,secretary of ,energy shall appoint-- 7,i7 at least #a independent technical expert for each field under subclauses 7,i7 through 7,,vi7 of such subparagraph2 and 7,,ii7 separate independent technical experts for each such field4 7,c7 ,stakeholder representatives ,the ,secretary of ,energy1 in consultation with the other heads of ,federal agencies listed in subparagraph 7,a71 shall appoint stakeholders as members of the ,task ,force1 which shall consist of at least #a1 but not more than two1 stakeholders that represent each of-- 7i7 the electric power sector2 7ii7 the renewable energy sector2 7iii7 the non-renewable energy sector2 7iv7 consumer advocacy groups2 7v7 energy-intensive industries2 7vi7 environmental and public interest advocacy organizations2 7vii7 the ,national ,academies of ,sciences1 ,engineering1 and ,medicine2 7viii7 academic- and ,national ,laboratory-based researchers with expertise in-- 7,i7 energy and economics2 7,,ii7 climate and economics2 or 7,,iii7 environmental systems and economics2 and 7ix7 any other sectors or organizations the ,secretary of ,energy determines relevant for the purposes of this ,act4 7#c7 ,termination ,notwithstanding section #ajac of title #e1 ,united ,states ,code1 the ,task ,force shall terminate on the date that is #c years after the date of enactment of this section4 7d7 ,lifecycle impact and costs of energy technologies 7#a7 ,comprehensive analytical framework and dataset ,the ,secretary of ,energy shall develop and maintain a comprehensive analytical framework and dataset based on the methodology and guiding principles submitted to the ,secretary of ,energy by the ,task ,force under paragraph 7#c74 7#b7 ,assessment of lifecycle impacts and costs 7,a7 ,development and maintenance ,the ,secretary of ,energy shall use the comprehensive analytical framework and dataset developed and maintained under subsection 7a7 to prepare an assessment of the full lifecycle impacts and costs of producing and delivering energy services from each major energy resource or technology1 including impacts and costs from upstream1 operational1 and downstream stages from extraction to end-use and waste management4 7,b7 ,scope of assessment ,the assessment prepared under paragraph 7#a7 shall include1 for each major energy resource or technology1 a complete quantification and characterization of the lifecycle impacts associated with producing and delivering energy services using the resource or technology1 including1 impacts from-- 7i7 energy inputs and losses1 from extraction through end use and waste management1 including embodied energy2 7ii7 material use1 including chemical use1 and waste generation2 7iii7 water use1 including withdrawals1 consumption1 quality impacts1 and other risks to water availability1 quality1 and ecosystem function2 7iv7 pollution and emissions1 including emissions of greenhouse gases and other air pollutants1 water pollutants1 and land disturbance2 and 7v7 indirect and direct costs to social1 environmental1 and economic well-being resulting from such impacts4 7,c7 ,uses of assessment ,the ,secretary of ,energy shall use the assessment prepared under paragraph 7#a7-- 7i7 to develop strategic planning1 investment prioritization1 policies and programs1 and regulatory analysis to limit the social1 environmental1 and economic costs of energy production and use2 7ii7 to inform the allocation of grants and making loans and loan guarantees for ,federal energy research1 development1 ,state and local programs1 and demonstrations2 and 7iii7 as a resource for future reports and analyses of energy productivity1 recognizing the link between resource impacts and social1 economic1 and environmental well-being4 7,d7 ,updates and availability ,the ,secretary of ,energy shall-- 7i7 update the assessment at regular intervals1 but not less frequently than once every #c years2 7ii7 make the results of the assessment publicly available in a transparent1 machine-readable format1 including documentation of assumptions1 data sources1 and methodologies used2 and 7iii7 publish a report describing the lifecycle social1 economic1 and environmental impacts and costs of producing and delivering energy services from each major renewable or nonrenewable energy resource or technology4 7#c7 ,task force methodology and guiding principles 7,a7 ,in general ,not later than the date that is #ab months after the date on which the ,task ,force is established1 the ,task ,force shall submit to the ,secretary of ,energy a methodology and guiding principles for the analytical framework and dataset developed and maintained by the ,secretary of ,energy under paragraph 7#b71 including definitions1 the scope of the analytical framework and dataset1 data sources1 and procedures for periodic review1 validation1 and updates to such methodology and guiding principles4 7,b7 ,reconvening task force for review1 validation1 and updates ,if the ,secretary of ,energy determines that the methodology and guiding principles submitted to the ,secretary of ,energy under subparagraph 7,a7 are no longer suitable or otherwise require revision1 including in response to new data1 advances in analytical methods1 or changes in statutory or regulatory requirements1 the ,secretary of ,energy may reconvene the ,task ,force for the sole purpose of submitting to the ,secretary of ,energy an updated methodology and guiding principles by not later than #ij days after the date on which the ,task ,force is reconvened4 ,any reconvened ,task ,force shall terminate on the earlier of the date on which it submits the updated methodology and guiding principles to the ,secretary or the date that is #ij days after the date on which it is reconvened4 7e7 ,definitions ,in this section3 7#a7 ,energy productivity ,the term energy productivity means a measure of how efficiently an economy1 region1 or industry uses energy to generate economic value4 7#b7 ,major energy resource or technology ,the term major energy resource or technology-- 7,a7 means an energy resource1 carrier1 or technology and any associated systems for producing1 converting1 storing1 transmitting1 or delivering energy services that contribute significantly to the national energy supply1 demand1 or infrastructure and materially affect energy system performance1 emissions1 or economic outcomes2 and 7,b7 includes-- 7i7 fossil fuels 7including coal1 petroleum1 and natural gas72 7ii7 nuclear energy2 7iii7 renewable energy 7including solar1 wind1 geothermal1 hydroelectric1 marine1 and biomass72 7iv7 hydrogen and other chemical energy carriers and associated systems2 7v7 energy storage technologies2 and 7vi7 any other energy resources1 carriers1 or technologies that the ,secretary determines may materially affect the performance1 emissions1 resilience1 reliability1 or economic outcomes of the national energy system4 #fje4 ,grid performance disclosure 7a7 ,electricity transmission scorecard elements and verification 7#a7 ,reporting requirements 7,a7 ,covered transmission owner scorecards 7i7 ,in general ,the ,commission shall require each covered transmission owner to annually develop1 publish1 and submit to the ,commission and the ,secretary a report1 to be known as a transmission owner scorecard1 that includes metrics that are standardized as required under paragraph 7#b7 and evaluate the following3 7,i7 ,ratepayer affordability1 which shall assess the cost of transmission services per unit of energy transmitted or other metrics that can be used to assess affordability of energy provided to ratepayers4 7,,ii7 ,financing costs1 which shall assess the financing structure and cost of capital for a covered transmission owner1 and may include consideration of capital structure and leverage ratios1 reliance on formula rates or other automatic adjustment mechanisms1 allowed and earned returns on equity1 the cost of debt and preferred stock1 the presence and magnitude of incentive rate adders1 and other related metrics4 7,,iii7 ,investment prudency and cost recovery1 which shall assess the prudency of capital investments and the transparency and structure of associated cost recovery mechanisms1 and may include the frequency and magnitude of cost disallowances in rate proceedings1 the types of facilities or investments associated with disallowed costs1 the degree of cost recovery from ratepayers relative to shareholder contributions1 and the transparency and accountability of cost allocation frameworks4 7,,iv7 ,investment effectiveness1 which shall assess the value delivered by covered transmission owner investments relative to their costs1 including how effectively the covered transmission owner considered and deployed the most economically efficient solutions to reduce cost burden on ratepayers and the accuracy of project cost estimates1 and may include metrics such as benefit-cost ratios1 investments in advanced technology deployment1 non-wires alternatives1 advanced transmission technologies1 or other operational upgrades that avoid higher cost capital investment1 estimated and actual cost for new or updated assets1 and other indicators of prudent capital deployment4 7,v7 ,capital expenditure tilt1 which shall assess the covered transmission owner's balance of spending on capital investment versus operational and maintenance activities4 7,,vi7 ,system reliability and availability1 which shall assess the operational performance of the transmission facilities of the covered transmission owner over the reporting year1 including information related to outages1 equipment availability1 and resilience to system disturbances1 and may be expressed using existing transmission-specific reliability indicators1 as described by the ,north ,american ,electric ,reliability ,corporation or other entity established to oversee and administer reliability standards and procedures for the bulk-power system1 metrics regarding the economic costs of outages or lost reliability1 or other related metrics4 7,,vii7 ,physical system performance1 which shall assess how effectively the transmission facilities owned1 operated1 or controlled by the covered transmission owner are used to deliver electricity1 including both physical and economic performance1 and may include technical and non-technical losses1 utilization relative to rated capacity and design constraints1 age of system components1 and other indicators of transmission system utilization1 performance1 and efficiency4 7,,viii7 7aa7 ,interconnection and access fairness1 which shall assess the extent to which the interconnection process for interregional interconnections and new facilities 7including generators1 energy storage1 load1 and merchant transmission projects7 is conducted in a timely and impartial manner consistent with ,commission regulations1 including comparisons between affiliated entities and unaffiliated entities1 and may be expressed as the difference in the number of days from initial interconnection request to execution of an ,interconnection ,agreement1 or through related measures of procedural equity4 7bb7 ,for purposes of this subclause3 7,,aa7 ,the term affiliated entity means any entity that has a direct or indirect relationship with a covered transmission owner or its parent entity that could reasonably influence interconnection treatment1 including an entity that shares common ownership or controlling interest with the covered transmission owner or its parent entity2 is a direct or indirect subsidiary of the covered transmission owner or its parent entity2 is engaged in a joint venture1 contractual partnership1 or strategic alliance with the covered transmission owner or its parent entity1 where such partnership includes shared financial interest1 revenue sharing1 or asset co-development2 or is otherwise determined by the ,commission to have a financial1 governance1 or operational relationship that may reasonably be expected to influence interconnection prioritization4 7,,bb7 ,the term unaffiliated entity means any entity that has logged an interconnection request with the covered transmission owner and is not an affiliated entity4 7,,ix7 ,non-operational cost recovery1 which shall assess the amount of covered transmission owner spending on lobbying1 advertising1 penalties1 and advocacy activities recovered through customer rates1 and may be expressed as a total sum of expenditures on such activities1 or related metrics4 7,x7 ,interregional and regional planning integration1 which shall assess the extent to which the covered transmission owner participates in coordinated regional and interregional transmission planning processes and infrastructure development1 and may be expressed as the number and capacity of interregional transmission ties1 the share of projects subject to regional or interregional planning review1 or related metrics4 7,,xi7 ,co-location and reuse of rights-of-way1 which shall report the percentage of new circuit-miles placed in service that are-- 7aa7 sited within the existing corridor of linear infrastructure1 including transmission1 pipeline1 rail1 and highway infrastructure2 and 7bb7 reconductored or right-sized on existing structures4 7,,xii7 ,any additional matters that may be evaluated using outcome-based performance metrics the ,commission determines necessary to improve transparency1 affordability1 reliability1 equity1 or environmental performance of the facilities owned1 operated1 or controlled by the covered transmission owner4 7ii7 ,exemptions ,the ,commission may1 by rule1 exempt any category of covered transmission owners from the requirement to include a metric described in clause 7i7 if the ,commission determines that the metric is inapplicable to the covered transmission owners in the category4 7iii7 ,coordination ,in preparing and developing a transmission owner scorecard pursuant to this subparagraph1 a covered transmission owner shall coordinate1 as necessary to obtain or estimate data required to be included in a scorecard under this subsection1 with any relevant entity1 including-- 7,i7 regional grid operators1 including ,independent ,system ,operators1 ,regional ,transmission ,organizations1 transmission planning entities1 and balancing authorities2 7,,ii7 interconnected electric utilities1 including load serving entities and other transmission providers2 7,,iii7 owners of generation facilities1 including utility-scale and merchant generators seeking interconnection or operating within the service territory of the covered transmission owner2 and 7,,iv7 regulatory and oversight entities1 including ,state public utility commissions1 and applicable ,federal or ,state energy1 reliability1 or environmental agencies4 7,b7 ,regional transmission scorecards ,the ,commission shall require each ,independent ,system ,operator1 ,regional ,transmission ,organization1 and transmission planning entity to annually develop1 publish1 and submit to the ,commission and the ,secretary a report1 to be known as a regional transmission scorecard1 that uses metrics that are standardized as required under paragraph 7#b7 and includes the following3 7i7 ,aggregation of the metrics reported for the year in the transmission owner scorecards of the covered transmission owners within the jurisdiction of the applicable ,,iso1 ,,rto1 or transmission planning entity1 which shall consist of a summary of such metrics that-- 7,i7 reflects weighted or capacity-adjusted averages of covered transmission owner-reported metrics1 as appropriate2 and 7,,ii7 highlights significant intra-regional variation or performance outliers4 7ii7 ,regional-specific metrics1 which shall consist of reporting on metrics specific to operational responsibilities of the ,,iso1 ,,rto1 or transmission planning entity1 including the following3 7,i7 ,market efficiency1 which shall assess the extent to which the ,,iso1 ,,rto1 or transmission planning entity is successful in operating efficient wholesale electricity markets1 minimizing system congestion1 and maximizing the use of existing grid infrastructure to deliver cost-effective outcomes for consumers1 and may be expressed as average energy and ancillary service costs 7system-wide and by major zone71 system and zonal capacity costs where applicable1 congestion costs1 out-of-market payments1 frequency of redispatch1 implementation of congestion-relieving technologies1 or related metrics4 7,,ii7 ,regional interconnection performance1 which shall assess the effectiveness and efficiency of interconnection processes1 and may include metrics that measure the duration of queue processing1 the rate of project withdrawals1 and the share of projects that successfully reach commercial operation1 or related metrics4 7,,iii7 ,regional and interregional development1 which shall assess the extent and effectiveness of regional and interregional transmission planning and buildout1 and may be expressed in relation to the number and total capacity of transmission lines developed through regional and interregional planning processes1 the proportion of new transmission projects selected through regional planning processes versus those advanced outside of such processes 7including local or supplemental projects71 the number of projects selected through competitive processes1 the use and outcomes of benefit-cost analysis in project selection and development1 the frequency of stakeholder engagement1 the ratio of total investment in interregional and regional transmission to investment in local transmission1 or other related metrics4 7,,iv7 ,greenhouse gas emissions intensity1 which shall assess the emissions profile of electricity delivered within the service territory of the ,,iso1 ,,rto1 or transmission planning entity in the reporting year1 and may be expressed as the emissions intensity of delivered electricity in carbon dioxide equivalents per megawatt-hour1 or related metrics4 7,v7 ,any additional outcome-based performance metrics the ,commission determines necessary to improve transparency1 affordability1 reliability1 equity1 or environmental performance of the transmission system overseen by the ,,rto1 ,,iso1 or transmission planning entity4 7,c7 ,data disclosure ,each reporting entity shall publish and submit to the ,secretary1 with each scorecard published under this paragraph1 all non-confidential underlying data supporting the metrics included in the scorecard1 in a machine-readable1 open-data format4 7,d7 ,initial reporting ,each reporting entity shall publish and submit to the ,secretary its first annual scorecard not later than #b years after the date of enactment of this ,act4 7#b7 ,metric and methodology standardization ,not later than #a year after the date of enactment of this ,act1 the ,commission1 with input from the ,secretary1 the ,administrator1 the ,national ,laboratories1 and other stakeholders shall issue guidance that1 where appropriate1 standardizes the metrics required to be included in a scorecard under paragraph 7#a7 and the methodologies for calculating such metrics4 7#c7 ,verification requirements 7,a7 ,in general ,the ,commission shall establish a process by which scorecards required to be developed under paragraph 7#a7 are verified by independent evaluators to ensure accuracy1 consistency1 and credibility prior to publication under such paragraph4 ,the ,commission shall include in such process-- 7i7 requirements for the approval by the ,commission of independent evaluators1 including requirements that an independent evaluator-- 7,i7 possess demonstrated expertise in electric transmission planning1 data validation1 engineering analysis1 or grid performance evaluation2 and 7,,ii7 be independent from the entity being verified and have no financial1 contractual1 or governance conflicts of interest2 7ii7 procedures for auditing the assumptions and methodologies used in applying performance metrics1 including to detect selective reporting and ensure alignment with ,commission-defined protocols2 7iii7 requirements to ensure that no single independent evaluator1 or their parent company or subsidiary1 may evaluate a reporting entity more than #d years in a row1 and not more than #g times in any #aj-year period2 7iv7 requirements under which an independent evaluator approved by the ,commission may verify the information in the scorecard of the reporting entity1 by reviewing supporting documentation1 conducting project inspections1 and applying standardized evaluation1 measurement1 and verification protocols for the metrics included in the scorecard2 7v7 requirements for public disclosure of the results of such verification1 including any adjustments to reported values1 methodologies used in the verification process1 and justifications for material discrepancies2 and 7vi7 a process for reviewing and refining verification protocols at regular intervals1 in consultation with any relevant stakeholder advisory group convened under subsection 7c71 to incorporate advances in data analytics1 energy system modeling1 and grid performance assessment4 7,b7 ,role of national laboratories ,in carrying out this paragraph1 the ,commission shall-- 7i7 collaborate with ,national ,laboratories that have the necessary expertise1 in coordination with the ,secretary1 to design and publish standardized verification protocols1 including templates1 analytical tools1 and calibration datasets2 7ii7 utilize the technical expertise of ,national ,laboratories to assist in the training1 evaluation1 or approval of independent evaluators2 7iii7 engage ,national ,laboratories in conducting selective audits or quality assurance reviews of verified scorecards during initial implementation of the scorecard reporting and verification process and implementation of any subsequent updates to such scorecards2 and 7iv7 consult ,national ,laboratories during periodic updates to the verification process1 in coordination with any relevant stakeholder advisory group convened under subsection 7c74 7#d7 ,independent audits 7,a7 ,in general ,the ,commission1 in consultation with the ,secretary1 shall designate ,national ,laboratories with necessary expertise1 or other qualified institutions1 to conduct independent audits of scorecards published under paragraph 7#a7 on a periodic or as-needed basis to ensure the accuracy1 completeness1 and integrity of reported data1 methodologies1 and performance metrics4 7,b7 ,initiation ,an audit under this paragraph may be initiated-- 7i7 at the discretion of the ,secretary2 7ii7 upon identification of material discrepancies in reported metrics2 7iii7 in response to concerns raised by a stakeholder advisory group convened under subsection 7c72 or 7iv7 as part of a randomized1 rotating sample of reporting entities to support continuous oversight4 7,c7 ,results ,the results of an audit conducted under this paragraph shall be made publicly available not later than #b months after completion of the audit4 7#e7 ,rulemaking 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall issue a final rule to carry out this subsection4 7,b7 ,department of energy support ,upon request by the ,commission1 the ,secretary shall provide technical assistance1 subject-matter expertise1 and access to relevant data and tools to the ,commission in developing the rule required to be published under this paragraph4 7,c7 ,inclusions ,the ,commission shall include in the rule issued under this paragraph-- 7i7 requirements to ensure timely and consistent reporting1 which may include requirements for data-sharing agreements1 protocols for data access1 and other mechanisms as necessary to facilitate the completion of scorecards2 7ii7 allowance for the use of reasonable proxies1 estimates1 or approximations based on best available data and transparent methodologies where direct data is unavailable2 and 7iii7 requirements that all reported metrics reflect a good-faith effort to provide reasonably accurate representations of transmission facility and system performance1 subject to ,commission review and oversight4 7,d7 ,revisions ,in issuing any revisions to the rule under this subsection1 the ,commission shall ensure that-- 7i7 such revisions are based on the outcomes of any applicable technical conference held under subsection 7c72 7ii7 the period for public comment on such revisions is not less than #ij days2 and 7iii7 the final rulemaking such revisions is issued not later than #ahj days after the close of such period for public comment4 7#f7 ,enforcement ,with respect to any ,independent ,system ,operator1 ,regional ,transmission ,organization1 or covered transmission owner subject to the requirements of part ,,ii of the ,federal ,power ,act that is required to publish a scorecard under paragraph 7#a71 a violation of a requirement of this subsection shall be considered a violation of a provision of such part ,,ii for purposes of section #caf;,a of such ,act 7#af ,u4,s4,c4 #hbeo-#a74 7#g7 ,report ,the ,secretary shall annually publish a report that compiles and analyzes scorecards submitted to the ,secretary under paragraph 7#a7 and1 for each metric-- 7,a7 ranks the performance of reporting entities1 grouped by market type and governance structure2 and 7,b7 explains the metric and describes any changes over time in the affordability1 reliability1 equity1 or environmental performance of the transmission system1 as evidenced by changes in the information included by reporting entities in such scorecards with respect to the metric4 7#h7 ,scorecard review ,not later than #c years after the date of enactment of this ,act1 and every #c years thereafter1 the ,secretary1 in coordination with the ,commission shall conduct a comprehensive review of the implementation of this subsection1 including the administration of the subsection1 data collection and coordination1 reporting entity compliance1 stakeholder engagement1 and the effectiveness of the information included in scorecards as a policy tool and issue a public report that includes-- 7,a7 an assessment and comparison of the annual changes in utility performance regarding the metrics required to be included in the scorecards2 7,b7 evaluation of data quality1 availability1 methodologies1 and verification practices relevant to the scorecards2 and 7,c7 findings and recommendations regarding the scorecards provided by the technical conferences held and stakeholder advisory group convened under subsection 7c74 7b7 ,accessibility and public transparency 7#a7 ,establishment of public-facing scorecard portal 7,a7 ,initiation ,not later than #ab months after the date of enactment of this ,act1 the ,secretary1 in collaboration with the ,commission and the ,administrator1 shall initiate the establishment of a public1 searchable online portal housing scorecards and underlying data submitted to the ,secretary under this ,act4 7,b7 ,portal availability ,not later than #bg months after the date of enactment of this ,act1 the ,secretary shall establish and make available a public1 searchable online portal housing scorecards and underlying data submitted to the ,secretary under this ,act4 7#b7 ,inclusion in portal ,the ,secretary shall make public through the searchable online portal established under this subsection each scorecard1 together with the underlying data associated with each scorecard1 that is submitted to the ,secretary under this ,act4 7c7 ,scorecard improvement 7#a7 ,technical conferences ,the ,commission shall hold public technical conferences not less often than once every #c years to solicit stakeholder feedback on-- 7,a7 the effectiveness of scorecard metrics in conveying the performance of a given reporting entity2 7,b7 the sufficiency and quality of the data disclosed in scorecards2 7,c7 the alignment of scorecards with ,federal and ,state priorities1 including affordability and reliability of transmitted electricity2 and 7,d7 opportunities to refine metrics in light of emerging technologies1 grid conditions1 and energy markets4 7#b7 ,stakeholder advisory groups ,for purposes of a rulemaking under subsection 7a7 and each technical conference held under paragraph 7#a71 the ,commission shall convene a stakeholder advisory group to provide advice to the ,commission4 ,each such stakeholder advisory group shall be composed of #ag members1 as follows3 7,a7 #b members representing ,state public utility commissions4 7,b7 #b members representing covered transmission owners4 7,c7 #a member representing independent power producers4 7,d7 #b members representing ,regional ,transmission ,organizations4 7,e7 #b members representing ,independent ,system ,operators4 7,f7 #b members representing transmission planning entities that are not ,regional ,transmission ,organizations or ,independent ,system ,operators4 7,g7 #b members representing ratepayer advocacy organizations4 7,h7 #b members with expertise in energy data and grid analytics4 7,i7 #b members with expertise in energy systems performance1 representing academic or research institutions1 including the ,national ,laboratories4 7#c7 ,response required ,not later than #fj days after receiving any advice from a stakeholder group convened under paragraph 7#b71 the ,commission shall respond in writing to such advice4 7d7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,energy ,information ,administration of the ,department of ,energy4 7#b7 ,advanced transmission technology ,the term advanced transmission technology means any hardware or software that-- 7,a7 increases the capacity1 efficiency1 reliability1 resilience1 or safety of transmission facilities and transmission technologies2 7,b7 is installed in addition to new or existing transmission facilities and transmission technologies-- 7i7 to give operators of the transmission facilities and transmission technologies more situational awareness and control over the electric grid2 7ii7 to make the transmission facilities and transmission technologies more efficient2 or 7iii7 to increase the transfer capacity of the transmission facilities and transmission technologies2 and 7,c7 includes1 but is not limited to1 dynamic line ratings1 advanced conductors1 topology optimization1 advanced power-flow controls1 and other digital or physical systems that increase the usable transfer capability of the grid4 7#c7 ,bulk-power system ,the term bulk-power system has the meaning given that term in section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo74 7#d7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#e7 ,covered transmission owner ,the term covered transmission owner means any entity1 other than an ,independent ,system ,operator1 ,regional ,transmission ,organization1 or transmission planning entity1 that-- 7,a7 owns1 operates1 or controls transmission facilities that are part of1 or connected to1 the bulk-power system2 7,b7 provides1 or is capable of providing1 transmission service for the movement of electric energy1 whether in interstate or intrastate commerce2 and 7,c7 if the entity owns1 operates1 or controls transmission facilities that are not part of1 or connected to1 the bulk-power system1 the total transmission capacity under peak demand conditions of all transmission facilities owned1 operated1 or controlled by the entity is #ajj megawatts or greater4 7#f7 ,independent system operator2 ,,iso2 regional transmission organization2 ,,rto2 transmitting utility ,the terms ,independent ,system ,operator1 ,,iso1 ,regional ,transmission ,organization1 ,,rto1 and transmitting utility have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#g7 ,interregional interconnection ,the term interregional interconnection means a transmission facility or interconnection project that enables the transfer of electric energy between #b or more transmission planning regions1 including connections between any of the ,western ,interconnection1 the ,eastern ,interconnection1 and the ,electric ,reliability ,council of ,texas4 7#h7 ,reporting entity ,the term reporting entity means an entity required to submit a scorecard under this ,act4 7#i7 ,scorecard ,the term scorecard means an annual report required to be submitted by a covered transmission owner1 ,independent ,system ,operator1 ,regional ,transmission ,organization1 or transmission planning entity pursuant to subsection 7a74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#aa7 ,transmission planning entity ,the term transmission planning entity means an entity1 other than a ,,rto or an ,,iso1 that is responsible for planning for the deployment of electric transmission for a transmission planning region4 7#ab7 ,transmission planning region ,the term transmission planning region means a geographic area determined by the ,commission to satisfy the requirements for the scope of regional transmission planning1 as established in or in compliance with the following orders issued by the ,commission3 7,a7 ,transmission ,planning and ,cost ,allocation by ,transmission ,owning and ,operating ,public ,utilities published in the ,federal ,register on ,october #bd1 #bjab 7#gg ,fed4 ,reg4 #fdhij74 7,b7 ,building for the ,future ,through ,electric ,regional ,transmission ,planning and ,cost ,allocation published in the ,federal ,register on ,june #aa1 #bjbd 7#hi ,fed4 ,reg4 #dibhj74 ,,vii ,collaborating with communities for successful deployment #gja4 ,federal permitting capacity 7a7 ,in general ,to the maximum extent practicable1 the head of each agency listed under section #dajjb7;b77#b77;,b7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7;b77#b77;,b771 including the head of any agency invited pursuant to clause 7xiv7 of such subparagraph 7,b71 shall maintain adequate personnel capacity and expertise to process authorizations and environmental documents for projects in a timely manner1 including in compliance with sections #ajg7;g7 and #aab7;a77#d7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g7 and #dccf;f7a77#d774 7b7 ,assessment ,not later than #ij days after the date of enactment of this section1 the head of each agency described in subsection 7a7 shall submit to the ,director of the ,office of ,personnel ,management1 the ,committee on ,natural ,resources1 and the ,environment and ,public ,works ,committee a report on the personnel capacity of the agency to process authorizations and environmental documents for projects in a timely manner1 which shall include-- 7#a7 the number of employees--broken down by field office--responsible for processing such authorizations and environmental documents as of the date on which the report is submitted2 7#b7 the number of employees--broken down by field office--responsible for processing such authorizations and environmental documents as of ,january #a1 #bjbe2 7#c7 the number of employees--broken down by field office--necessary for the agency to complete environmental documents in compliance with sections #ajg7;g7 and #aab7;a77#d7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g7 and #dccf;f7a77#d772 7#d7 the capacity of the agency--broken down by field office--to engage with communities affected by projects when preparing environmental documents1 including dedicated ,tribal consultation capacity1 language access services1 and designated community engagement personnel as described in section #gjf2 7#e7 the adequacy of the training available to employees related to processing such authorizations and environmental documents2 and 7#f7 a finding by the agency whether there are a sufficient number of employees of the agency to comply with sections #ajg7;g7 and #aab7;a77#d7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g7 and #dccf;f7a77#d77 and engage with communities4 7c7 ,implementation plan ,upon receipt of the report1 if an agency finds under subsection 7b77#e7 that there are an insufficient number of employees--broken down by field office--of the agency to comply with sections #ajg7;g7 and #aab7;a77#d7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;a7g7 and #dccf;f7a77#d77 and engage with communities1 or insufficient training opportunities available1 the ,director of the ,office of ,personnel ,management shall develop and execute a plan to increase personnel capacity and expertise at the agency4 7d7 ,direct hire authority 7#a7 ,in general ,notwithstanding section #ccjd of title #e1 ,united ,states ,code1 and without regard to the provisions of sections #ccji through #ccah of such title #e1 if the head of an agency described in subsection 7a7 issues or renews a certification that there is a severe shortage of candidates or a critical hiring need for covered positions to carry out the responsibilities and activities of the agency with respect to processing authorizations and environmental documents for infrastructure projects in a timely manner1 the agency head may1 subject to paragraphs 7#b7 and 7#c71 recruit and directly appoint highly qualified individuals into the competitive service4 7#b7 ,limitation ,the recruiting and appointment of highly qualified individuals under paragraph 7#a7 shall be consistent with the merit principles of section #bcja of title #e1 ,united ,states ,code1 and the agency shall comply with the public notice requirements of section #ccbg of such title #e4 7#c7 ,termination ,a certification issued or renewed under this subsection shall terminate on the earlier of-- 7,a7 the date that is #e years after the certification is issued or renewed2 or 7,b7 the date on which the agency head determines that there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the responsibilities and activities of the agency related to permitting4 7e7 ,authorization of appropriations ,in addition to amounts otherwise available1 there is authorized to be appropriated such sums as is necessary to conduct more efficient1 accurate1 and timely reviews for planning1 permitting and approval processes through the hiring and training of personnel1 and the purchase of technical and scientific services and new equipment1 and to improve agency transparency1 accountability1 and public engagement4 7f7 ,definitions ,in this section3 7#a7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by an agency and any interagency consultation that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operations of an infrastructure project4 7#b7 ,covered position ,the term covered position means a position in which an employee is responsible for conducting work of a scientific1 technical1 engineering1 mathematical1 legal1 or otherwise highly specialized or skilled nature related to processing authorizations and environmental documents for infrastructure projects in a timely manner4 7#c7 ,environmental document ,the term environmental document has the meaning given such term in section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e74 #gjb4 ,interagency environmental data system 7a7 ,establishment of data standards 7#a7 ,in general ,not later than #fj days after the date of enactment of this section1 the ,chair of the ,council on ,environmental ,quality1 in consultation with the ,federal ,permitting ,improvement ,steering ,council1 the ,chief ,information ,officers ,council1 the ,office of ,management and ,budget1 and other relevant stakeholders and ,federal agencies1 shall develop1 publish1 and iteratively update data standards for the collection and curation of authorization data by ,federal agencies1 which shall be used to-- 7,a7 assist with environmental reviews and authorizations2 7,b7 organize1 define1 and standardize various concepts1 formats1 and protocols that are included in environmental reviews and authorizations2 and 7,c7 reduce the need for redundant environmental reviews by creating a shared vocabulary and software systems that will support vendor neutrality1 data interoperability1 workflow automation1 and automatic data exchange between ,federal agencies4 7#b7 ,inclusions ,the data standards developed1 published1 and iteratively updated under paragraph 7#a7 shall include the following3 7,a7 ,a standardized taxonomy that allows ,federal agencies to identify and track data types1 relationships1 and values4 7,b7 ,comprehensive categories for data1 such as-- 7i7 projects2 7ii7 processes2 7iii7 environmental documents2 7iv7 public comments2 7v7 geospatial information2 7vi7 public engagement events1 as applicable by process or ,federal agency2 7vii7 case events2 and 7viii7 milestones to ensure clarity and uniformity4 7b7 ,development of prototype tools ,the ,chair of the ,council on ,environmental ,quality1 in consultation with the ,administrator of ,general ,services1 the ,federal ,permitting ,improvement ,steering ,council1 the ,chief ,information ,officers ,council1 the ,director of the ,office of ,management and ,budget1 and other relevant stakeholders and ,federal agencies1 shall design1 test1 and build prototype tools for environmental reviews and authorizations that will assist ,federal agencies in implementing the minimum functional requirements described in subsection 7c74 ,the ,chair of the ,council on ,environmental ,quality shall prioritize designing1 testing1 and building tools under this subsection that-- 7#a7 support authorization case or project management systems that manage tasks1 milestones1 and activities associated with environmental reviews and authorizations1 and provide ,federal agencies more data and insight into such reviews and authorizations2 7#b7 enable-- 7,a7 application submission and tracking portals used by project sponsors1 enabling greater transparency2 and 7,b7 public comment opportunity tracking portals to increase transparency2 7#c7 facilitate automated applications1 environmental reviews1 and authorizations2 7#d7 allow data exchange between ,federal agency systems2 and 7#e7 accelerate complex environmental reviews4 7c7 ,publication of guidance for implementation of data standards and minimum functional requirements 7#a7 ,publication ,not later than #abj days after the date of enactment of this section1 the ,chair of the ,council on ,environmental ,quality shall publish guidance for how each ,federal agency responsible for environmental reviews or authorizations implements-- 7,a7 the data standards published under subsection 7a72 and 7,b7 the following minimum functional requirements3 7i7 ,application data sharing that enables automated transfer of relevant environmental review and authorization data among ,federal agencies4 7ii7 ,automated project screening to assist frontline staff with reviewing project sponsor provided information for completeness and accuracy and determining if a categorical exclusion or other general authorization applies to an action4 ,automated project screening may not be used by the ,council on ,environmental ,quality or a ,federal agency to unlawfully restrict any activities on ,federal lands4 7iii7 ,public availability of screening criteria and related decision models4 7iv7 ,automated case or project management tools which include a repository of relevant data and metadata that enable advanced tracking1 reporting1 and optimization to aid workflows4 7v7 ,integrated geographic information system analysis tools which incorporate geospatial data layers and models for each resource analyzed as part of an environmental review or authorization for a given study area4 7vi7 ,document management tools that preserve metadata associated with geospatial analysis1 modeling1 and other analytic processes conducted during an environmental review or authorization1 to support future reviews and enable ,artificial ,intelligence-assisted analysis of past decisions4 7vii7 ,automated comment compilation and analysis tools1 including services for comment categorization and response that handle the lifecycle of comment submission1 analysis1 categorization and response with ,artificial ,intelligence support where appropriate4 7viii7 ,administrative record management tools that maintain both portable document formats and data-rich repositories accessible to both machine and human users4 7ix7 ,common or interoperable ,federal agency services that integrate shared services1 shared applications1 and common user experiences for ,federal agency staff1 project sponsors1 and the public4 7#b7 ,inclusions ,the guidance published under this subsection shall include the following3 7,a7 ,guidelines for cloud-based storage1 data sharing protocols1 and application programming interfaces to enable the ,council on ,environmental ,quality to work with ,federal agencies to use authorization data to aid ,federal agencies in modernizing their environmental reviews and authorizations and for iterative development of the authorization portal4 7,b7 ,provisions that support scalability and adaptability of the minimum requirements to emerging technologies4 7d7 ,implementation of data standards and minimum functional requirements 7#a7 ,implementation ,the head of each ,federal agency responsible for environmental reviews or authorizations shall-- 7,a7 not later than #ij days after the date of enactment of this section-- 7i7 compare existing ,federal agency systems for environmental reviews and authorizations under their authority with the data standards published under subsection 7a7 and the minimum functional requirements described in subsection 7c77#a77;,b7 and report findings from such comparison to the ,council on ,environmental ,quality2 7ii7 assess whether existing ,federal agency technological capabilities are consistent with the data standards published under subsection 7a7 and the minimum functional requirements described in subsection 7c77#a77;,b72 7iii7 submit to the ,council on ,environmental ,quality a report that estimates the completion dates for implementing the data standards published under subsection 7a7 and the minimum functional requirements described in subsection 7c77#a77;,b72 and 7iv7 submit to the ,council on ,environmental ,quality1 in consultation with the ,council on ,environmental ,quality1 an implementation plan that-- 7,i7 describes how the ,federal agency will implement the data standards published under subsection 7a7 and the minimum functional requirements described in subsection 7c77#a77;,b72 and 7,,ii7 describes how1 to the extent the ,federal agency determines necessary to meet relevant statutory requirements1 the ,federal agency will adopt or implement the prototype tools tested1 designed1 and built under subsection 7b72 and 7,b7 not later than #ahj days after the date of enactment of this section1 begin implementing the data standards published under subsection 7a7 and the minimum functional requirements described in subsection 7c77#a77;,b74 7#b7 ,report ,not less frequently than twice each year1 the ,chief ,information ,officer of each ,federal agency1 in consultation with the ,chief ,environmental ,review and ,permitting ,officer of each ,federal agency1 shall submit to the ,council on ,environmental ,quality and the ,director of the ,office of ,management and ,budget a report on the progress of the ,federal agency towards meeting the requirements of paragraph 7#a74 7e7 ,unified interagency data system 7#a7 ,in general 7,a7 ,unified interagency data system ,to the maximum extent practicable1 the ,chair of the ,council of ,environmental ,quality and the head of each ,federal agency responsible for environmental reviews or authorizations shall iteratively develop and maintain a unified interagency data system consisting of interconnected ,federal agency systems and shared services for environmental reviews and authorizations4 7,b7 ,authorization portal 7i7 ,in general ,the shared services developed and maintained under subparagraph 7,a7 shall include a common interactive1 digital1 cloud-based authorization portal1 which shall-- 7,i7 be designed in a manner consistent with-- 7aa7 the recommendations of the ,council on ,environmental ,quality included in the study submitted pursuant to section #aaj of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;d7 entitled ,council on ,environmental ,quality ,report to ,congress on the ,potential for ,online and ,digital ,technologies to ,address ,delays in ,reviews and ,improve ,public ,accessibility and ,transparency under #db ,u4,s4,c4 #dccb7b77;,c72 and 7bb7 the minimum functional requirements described in subsection 7c77#a77;,b72 7,,ii7 serve as a platform for tracking and displaying real-time data on environmental reviews and authorizations made available through application programming interfaces or other reporting mechanisms from ,federal agency systems that are compliant with the data standards and data architecture described in this section2 7,,iii7 be supported by a decentralized1 cross-network digital infrastructure software that ensures vendor neutrality and interoperability of data and models across ,federal agencies2 7,,iv7 include a mechanism for the dissemination of relevant information 7such as a notice of intent for public comment1 public meetings1 project statuses1 or a notice of intent to begin an environmental review7 to local communities1 as applicable2 7,v7 allow a project sponsor to submit all necessary documentation for environmental reviews and authorizations in #a unified and secure portal2 7,,vi7 support interactive1 digital1 and cloud-based tools enabling applicants to edit documents and collaborate with relevant ,federal agencies in real time2 7,,vii7 support visual features1 including video1 animation1 geographic information system displays1 interactive maps1 and three-dimensional renderings2 7,,viii7 provide for the exchange of information to and from ,federal agency data systems via an application programming interface or another reporting mechanisms2 7,,ix7 allow for the submission of geospatial data associated with project location1 footprint1 and impact2 7,x7 support automatic documentation of submission and process timelines2 and 7,,xi7 allow the following metrics to be tracked over time-- 7aa7 estimates of achieved efficiencies1 such as reductions in the time between receipt of applications and final authorization decisions2 7bb7 comparisons of authorization timelines before and after the implementation of this section2 7cc7 usage of the authorization portal and other statistics from the ,digital ,analytics ,program2 7dd7 metrics on the number of public comments received1 responses provided1 and community meetings held2 7ee7 the number of projects subject to litigation based on authorization deficiencies or inefficiencies2 7ff7 a list of ,federal agencies that are not yet fully compliant with the data standards published under subsection 7a7 and the minimum functional requirements described in subsection 7c77#a77;,b71 along with their progress toward compliance2 and 7gg7 examples or repositories of ,federal agency-developed digital workflows enabled by the implementation of this section1 including visualizations of data sharing1 authorizations and decision logic1 and environmental reviews4 7ii7 ,administrative support ,the ,administrator of ,general ,services shall host the authorization portal as a shared service for ,congress1 ,federal agencies1 and the public4 7iii7 ,accessability ,the authorization portal shall be accessible to ,congress1 ,federal agencies1 and the public1 with appropriate safeguards to protect sensitive or classified information and information restricted by user type as appropriate4 7iv7 ,public accessibility ,to the extent practicable and consistent with other law1 the authorization portal shall provide public access to non-sensitive data1 including authorization timelines1 location1 project type1 environmental reviews1 and mitigation measures4 7v7 ,congressional access and oversight 7,i7 ,in general ,the authorization portal shall provide ,congress with direct access to aggregated performance data and other analytics to enable real-time oversight of ,federal agencies4 7,,ii7 ,artificial intelligence support systems and training materials ,congress shall have access to the data1 fine-tuning procedures1 and prompt configurations specifically created or adapted for ,artificial ,intelligence systems used to support environmental review or authorization activities1 excluding proprietary or general pretraining materials unrelated to such agency-specific customization4 7,,iii7 ,technical assistance ,the ,council on ,environmental ,quality shall provide to ,congress technical assistance upon request to ensure effective use of the authorization portal and ,artificial ,intelligence systems for oversight purposes4 7,c7 ,cybersecurity and compliance considerations ,the authorization portal shall be designed to promote vendor neutral interoperability1 reduce redundancy1 and ensure compliance and coordination with other laws1 including-- 7i7 section #eeb;a of title #e1 ,united ,states ,code 7commonly referred to as the ,privacy ,act of #aigd71 and subchapter ,,ii of chapter #ce of title #dd1 ,united ,states ,code2 7ii7 the ,federal ,risk and ,authorization ,management ,program established under section #cfjh of title #dd1 ,united ,states ,code2 and 7iii7 the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security1 for a case in which the project is in coordination with a ,federal agency with stringent security requirements4 7#b7 ,deadlines 7,a7 ,shared services pilot ,not later than #a year after the date of enactment of this section1 the ,council on ,environmental ,quality shall oversee piloting of shared services for environmental reviews and authorizations1 including the authorization portal under paragraph 7#a77;,b74 7,b7 ,unified system development and implementation ,to the maximum extent practicable1 not later than ,december #a1 #bjbg1 the ,chair of the ,council on ,environmental ,quality shall develop and implement the unified interagency data system required under paragraph 7#a77;,a74 7#c7 ,report ,not less frequently than annually1 the ,chair of the ,council on ,environmental ,quality1 in consultation with the ,federal ,permitting ,improvement ,steering ,council1 the ,chief ,information ,officers ,council1 and other relevant stakeholders and ,federal agencies1 shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report on the ,council on ,environmental ,quality's progress on developing a unified interagency data system under paragraph 7#a74 7f7 ,authority ,to enter into contracts ,subject to the availability of appropriations1 the ,council on ,environmental ,quality may enter into contracts and other arrangements for analyses1 services1 and products with ,federal agencies1 private organizations1 and businesses1 and make such payments as determined necessary by the ,council on ,environmental ,quality to carry out the provisions of this section4 7g7 ,clarifying rulemaking authority ,nothing in this section shall be construed to authorize the ,council on ,environmental ,quality or a ,federal agency to impose additional regulatory processes or requirements beyond those expressly stipulated under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other law4 7h7 ,savings clause ,to the extent that a data system1 technology1 or tool developed or incorporated into a unified interagency data system under this section is not limited by project type1 the data system1 technology1 or tool shall not have its use be restricted by project type4 7i7 ,definitions ,in this section3 7#a7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by an agency and any interagency consultation that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operations of a project administered by a ,federal agency4 7#b7 ,authorization data ,the term authorization data means-- 7,a7 any data relevant for a ,federal agency to-- 7i7 determine the effect on the environment of an action for which an authorization is required by the ,federal agency2 and 7ii7 determine whether to issue such authorization2 and 7,b7 any community input or public comment on such determinations4 7#c7 ,data architecture ,the term data architecture means the design and organization of data systems1 including frameworks for data storage1 processing1 and exchange4 7#d7 ,data standards ,the term data standards means agreed-upon specifications for data formats1 structures1 and definitions to ensure consistency and vendor neutral interoperability4 7#e7 ,environmental review ,the term environmental review means any ,federal agency procedures or processes for-- 7,a7 applying a categorical exclusion2 or 7,b7 preparing an environmental assessment1 an environmental impact statement1 or another document required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#f7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#g7 ,federal permitting improvement steering council ,the term ,federal ,permitting ,improvement ,steering ,council has the meaning given the term ,council in section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm74 #gjc4 ,timely public release of ,,nepa documentation 7a7 ,in general ,to achieve the goals described in section #aejg4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation71 to allow agencies and the public to efficiently and effectively access timely information relating to environmental reviews required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the lead agency for a proposed major ,federal action shall make the documents identified under subsection 7b7 with respect to such proposed major ,federal action available to the public in a searchable1 digital format when such documents are completed by the lead agency1 or in the case of final documents1 finalized by the agency4 ,the lead agency shall make such documents available to the public in a searchable1 digital format by-- 7#a7 publishing and maintaining such documents on the public website or websites of the applicable agency or agencies2 and 7#b7 uploading such documents to the ,e-,,nepa online permitting portal established under subsection 7b7 of section #aaj of the ,national ,environmental ,policy ,act of #aifi 7as added by section #gjb7;b7 of this ,act74 7b7 ,documents ,the documents identified under this subsection are the following3 7#a7 ,any notice of intent and other scoping notices4 7#b7 ,any draft and final environmental assessments and findings of no significant impacts4 7#c7 ,any draft1 final1 and supplemental environmental impact statements4 7#d7 ,any records of decision4 7#e7 ,any documentation associated with a determination to proceed with the proposed major ,federal action under a categorical exclusion4 7#f7 ,any additional related documentation4 7c7 ,timing ,the lead agency shall make the documents identified under subsection 7b7 available to the public in a searchable1 digital format under subsection 7a7 by not later than the earlier of-- 7#a7 #c days after the date on which the lead agency completes the document2 and 7#b7 #c days after the date on the document is published in the ,federal ,register4 7d7 ,cooperating agencies ,a cooperating agency shall publish a link to the location on the website of the lead agency to the documents identified under subsection 7b7 on which the agency was a cooperating agency4 #gjd4 ,community benefits agreements 7a7 ,prioritization in ,,nepa ,if a project sponsor has entered into a community benefits agreement described in subsection 7b7 with respect to an eligible project1 the applicable lead agency shall prioritize the completion of the required environmental documents for the eligible project4 7b7 ,community benefits agreement 7,,cba7 ,a project sponsor and a ,,cba partner may enter into an agreement that-- 7#a7 relates to an eligible project for which an authorization is sought2 7#b7 may include the disbursement of funds1 including commitments1 for social1 economic1 or environmental benefits that will-- 7,a7 ensure benefits from the construction1 modification1 and operation of the eligible project are shared with nearby residents2 7,b7 offset adverse impacts resulting from such construction1 modification1 or operation2 or 7,c7 address legacy or historical harm or adverse cumulative social1 economic1 or environmental impacts in the location in which the eligible project is to be carried out2 7#c7 includes commitments by a project sponsor to hire members of the local workforce during construction1 modification1 operation1 or maintenance of the eligible project2 7#d7 includes commitments to provide educational opportunities and training for workforce and skills development1 if it is determined that there is an insufficient local workforce2 7#e7 may include commitments by a project sponsor to procure materials and services from local businesses1 when possible2 7#f7 is negotiated through a process that includes meaningful engagement by the project sponsor with the ,,cba partner2 7#g7 details specific1 measurable1 and legally enforceable ,,cba commitments2 7#h7 includes a detailed plan1 with clear metrics1 milestones1 and timelines for accomplishing such commitments2 7#i7 establishes specific roles1 responsibilities1 and processes for tracking and reporting progress with respect to commitments agreed to in the ,,cba2 7#aj7 establishes clear enforcement processes to address a failure to fulfill a commitment that was agreed to2 7#aa7 addresses the mechanism through which any disbursement agreed to in the ,,cba will be held and dispersed1 such as through a trust fund or similar instrument2 and 7#ab7 if the ,,cba involves tribal lands or interests-- 7,a7 it must be negotiated on a government-to-government basis1 in recognition of trust obligations and tribal sovereignty2 and 7,b7 the ,,cba may include compensation to a ,tribe for legal costs incurred during negotiation 7including legal1 staffing1 and consulting expenses74 7c7 ,technical assistance 7#a7 ,upon request by a ,,cba partner1 the lead agency may provide technical assistance to the ,,cba partner in developing and negotiating a community benefits agreement4 7#b7 ,in providing technical assistance1 the agency must utilize technical assistance providers who are neutral1 culturally competent1 third parties with experience developing ,c,b,as4 7d7 ,definitions ,in this section3 7#a7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by an agency and any interagency consultation that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operations of an infrastructure project4 7#b7 ,,cba partner ,the term ,,cba partner means a ,state1 a local unit of government1 an ,indian ,tribe1 a labor organization1 or a community benefits organization4 7#c7 ,community benefits organization ,the term community benefits organization means an organization that-- 7,a7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code2 and 7,b7 is formed to protect the human health and environment of communities in the area in which a proposed the eligible project is to be carried out4 7#d7 ,eligible project ,the term eligible project means a project for the construction1 modification1 or operation of a clean energy facility4 7#e7 ,environmental document2 lead agency ,the terms environmental document and lead agency have the meanings given such terms1 respectively1 in section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e74 7#f7 ,clean energy facility ,the term clean energy facility means a facility that-- 7,a7 uses wind1 solar1 or geothermal energy to generate energy2 7,b7 transmits electricity to support wind1 solar1 or geothermal energy generation2 or 7,c7 stores energy4 #gje4 ,intervenor funding at ,,ferc ,office of ,public ,participation 7a7 ,in general ,section #cai7;b77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeq-l7b77#b77 is amended by striking ,the ,commission may and inserting ,the ,commission shall4 7b7 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,federal ,energy ,regulatory ,commission shall promulgate a final rule to provide compensation under section #cai7;b77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeq-#a7;b77#b771 as amended by this section4 ,under such rule the ,commission shall require that each intervenor or participant file a disclosure form of earned and unearned income to identify conflicts of interest4 ,such form shall not be overly burdensome4 #gjf4 ,senior community engagement officers and ,tribal community engagement officers 7a7 ,designation of senior community engagement officers and ,tribal community engagement officers 7#a7 ,in general ,the head of each ,federal agency required or authorized to complete an environmental document or an authorization for a major ,federal action shall designate-- 7,a7 #a or more appropriate employees or officials of the applicable ,federal agency to serve as a senior community engagement officer 7referred to in this section as an ,,sco72 and 7,b7 #a or more appropriate employees or officials of the applicable ,federal agency 7other than an employee or official designated as an ,,sco under subparagraph 7,a77 to serve as a ,tribal community engagement officer 7referred to in this section as a ,,teo74 7#b7 ,responsibilities of an ,,sco and ,,teo ,an ,,sco and a ,,teo shall-- 7,a7 oversee community or ,tribal1 as applicable1 engagement in environmental review and authorization processes carried out by the ,federal agency2 7,b7 advise the applicable head of the ,federal agency on matters relating to community or ,tribal1 as applicable1 engagement in such reviews and processes2 7,c7 identify1 recommend1 and implement approaches to expand and improve early1 meaningful community or ,tribal1 as applicable1 engagement relating to the environmental review and authorization processes carried out by the ,federal agency1 including to ensure timely public access to all information relevant to inform such engagement2 7,d7 identify and avoid or resolve conflicts with communities or ,indian ,tribes affected by the environmental review or authorization processes1 as applicable-- 7i7 to align ,federal actions with the needs and interests of those communities or ,indian ,tribes1 as applicable2 and 7ii7 to minimize the potential for delay of environmental review and authorization processes carried out by the ,federal agency2 7,e7 identify opportunities with affected communities or ,indian ,tribes to accelerate the environmental review and authorization processes carried out by the ,federal agency2 7,f7 provide technical support and capacity building1 on request of a community or an ,indian ,tribe to enhance the ability of communities and ,indian ,tribes to engage constructively in ,federal agency decision making2 7,g7 assist in developing and negotiating community benefits agreements consistent with section #gjd2 and 7,h7 coordinate with the ,council on ,environmental ,quality to develop interagency training modules1 data sharing protocols1 and community engagement standards to ensure consistency and accountability across ,federal agencies4 7#c7 ,reporting ,an ,,sco and a ,,teo shall report directly to a ,deputy ,secretary 7or equivalent7 or higher position in the ,federal agency in which the ,,sco or ,,teo serves4 7#d7 ,guidance ,the ,director of the ,office of ,management and ,budget shall establish any guidance necessary to establish ,,sco and ,,teo positions not later than #b years of the date of enactment of this ,act4 7b7 ,regional community engagement officers ,a ,federal agency may appoint regional community engagement officers to support community and ,tribal engagement in environmental review and authorization processes carried out by the ,federal agency within a region impacted by a proposed major ,federal project1 including by carrying out activities-- 7#a7 to identify and implement approaches to expand and improve early1 meaningful community and ,tribal engagement relating to the environmental review and authorization processes carried out by the ,federal agency2 7#b7 to identify and avoid or resolve conflicts with affected communities and ,indian ,tribes that have the potential to delay environmental review and authorization processes carried out by the ,federal agency2 7#c7 to identify opportunities with affected communities and ,indian ,tribes to accelerate the environmental review and authorization processes carried out by the ,federal agency2 7#d7 to provide technical support and capacity building1 on request of a community or an ,indian ,tribe1 to enhance the ability of communities or ,indian ,tribes to engage constructively in ,federal agency decision making2 and 7#e7 to assist in developing and negotiating community benefits agreements consistent with section #gjd4 7c7 ,application ,notwithstanding any other provision of law1 chapter #aj of title #e1 ,united ,states ,code 7commonly known as the ,federal ,advisory ,committee ,act71 shall not apply to stakeholder engagement processes or public comment activities that are required under or proceeding from a ,federal environmental permitting process and led by an ,,sco1 a ,,teo1 or a regional community engagement officer appointed under subsection 7b74 7d7 ,,fast #da 7#a7 ,definition of agency ,,sco ,section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7 is amended-- 7,a7 by redesignating paragraphs 7#b7 through 7#ah7 as paragraphs 7#c7 through 7#ai71 respectively2 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,agency ,,sco ,the term agency ,,sco means the senior community engagement officer of an agency1 as designated by the head of the agency under section #gjf7;a77#a77;,a7 of the ,energy ,bills ,relief ,act4 4 7#b7 ,dispute resolution ,section #dajjc7;c77#b77;,c77i7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7;c77#b77;,c77i77 is amended by striking agency ,c,e,r,p,os and inserting agency ,c,e,r,p,os1 agency ,s,c,os14 7#c7 ,environmental review improvement fund ,section #dajji7;d77#c7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#h7;d77#c77 is amended-- 7,a7 by striking facilitate timely and inserting facilitate early1 meaningful community engagement and timely2 and 7,b7 by inserting and agency ,s,c,os after agency ,c,e,r,p,os4 7e7 ,definitions ,in this section3 7#a7 ,authorization ,the term authorization means any license1 permit1 approval1 finding1 determination1 or other administrative decision issued by an agency and any interagency consultation that is required or authorized under ,federal law in order to site1 construct1 reconstruct1 or commence operations of an infrastructure project4 7#b7 ,environmental document ,the term environmental document has the meaning given such term in section #aaa of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccf;e74 #gjg4 ,capacity grants for permitting and community engagement 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency shall make grants to ,states1 units of local government1 and ,indian ,tribes which shall be used for purposes of-- 7#a7 increasing the capacity of such organizations to conduct activities related to proposed major ,federal actions1 and ,state1 local1 and ,tribal environmental reviews1 permits1 and consultations1 including by-- 7,a7 compiling data and conducting analyses1 planning1 and environmental review2 7,b7 determining potential economic1 social1 public health1 and environmental impacts2 or 7,c7 identifying opportunities to mitigate such impacts2 7#b7 coordinating with relevant ,federal agencies in order to establish shared permitting information portals in association with the linked interagency environmental data collection systems established under section #gjb through which project developers can-- 7,a7 acquire all relevant information regarding pertinent ,federal1 ,state and local permitting requirements2 7,b7 submit all required permit applications2 and 7,c7 request and receive assistance in completing relevant permit applications2 7#c7 identifying and minimizing redundancy between relevant ,federal1 ,state and local permitting requirements2 7#d7 enhancing community engagement opportunities related to environmental reviews2 7#e7 identifying zones for renewable energy development2 7#f7 facilitating the siting of renewable energy-related facilities and infrastructure2 7#g7 establishing local zoning ordinances that promote the development of renewable energy2 and 7#h7 training and hiring personnel1 and other activities to increase the capacity of ,states1 units of local government1 ,indian ,tribes1 and nonprofit associations1 as applicable1 to carry out activities described in paragraphs 7#a7 through 7#g74 7b7 ,funding ,there is authorized to be appropriated to the ,administrator of the ,environmental ,protection ,agency to make grants under subsection 7a7 #ejj1jjj1jjj for each of fiscal years #bjbf through #bjca4